Citizenship eligibility criteria

[ashu.doc]

Hi everyone
My current status is ILR for more than a year(same for my wife and my son who was born in UK). I am eligible to apply for citizenship, the reason for this post is that my wife and son have been away from UK for more than 3 months in last 1 year. So they will not be eligible at the same time as I do.
Is it possible that first I get the citizenship and then they can apply as family member or will they still have to stay in UK to fulfil the stay criteria (not be away more than 90 days in last 12 months)?
Grateful for your answers.
Thanks

[CR001]

The absence is not relevant to your UK born son. He also did not require ILR, you could have registered him as BC as soon as you got ILR.

He can apply with you and your wife can apply once you are British as spouse of BC based on 3 years residence if all requirements are met.

How many days exactly has she been away in the last 12 months.

[ashu.doc]

How many days exactly has she been away in the last 12 months.

Thanks for your reply. I got ILR for my son because we were travelling and the only option was ILR as we were applying ILR at that time.
She is away currently for last 100 days.

[ashu.doc]

your wife can apply once you are British as spouse of BC based on 3 years residence if all requirements are met.

I think spouse of BC based on 3 years also has the criteria of not staying outside UK for more than 90 days. So I guess she will have to wait for about a year before application.
Does this criteria not apply for child born in UK?

Thanks

[CR001]

100 days should be fine for your wife to apply based on 5 years residence. Anymore than this likely to be a problem. She would only have to wait until the absence is within the limit, in not a whole year but depends on if she meets all the other requirements, i.e. total absence in 5 years, physically present in the UK 5 years ago etc.

No, children born in the UK are entitled to register and the absence limit does not apply.

[ashu.doc]

In last 5 years it is well more than 100 days. She must be away atleast 14-15 months in last 5 years.

[CR001]

For BC based on 5 years residence, her absence for the whole 5 year period counting backwards from date of BC application, cannot be more than 450 days and the immediate last 12 months 90 days (although 100 days is usually overlooked). She must also have been physically present on the exact same date she applies in 2012, i.e. if she applies on 1st June 2017, she must have been in the UK on 1st June 2012.

The same applies if she applies after you get BC except the absence for 3 years spouse of BC is 270 days in the 3 years and the same for the 12 months, 90 days.

[ashu.doc]

That's great thanks for help.