NCS rejected Appl - 3yrs back same date we must be in UK?

[bobbili]

Hi,

My wife has got PR on 2012, now taken a decision to go for Naturalisation.
From the date of PR until now she is out of UK for only once i.e. Aug-2013 for 30 days.

NCS has rejected application and said she wasn't in UK on 17-08-2013.
I have not read this rule this anywhere. Confused is that NCS misinterpret their checklist questions?
Any suggestions pls

[secret.simon]

Are you a British citizen?

If she is applying as the spouse of a British citizen, your wife is required to be physically present in the UK at the start of the three year period ending on the date of application. In other words, your wife must have been in the UK on (date of application - three years +1 day). So, she would have issues if she was outside the UK in August 2014. Absence in August 2013 should be fine.

Alternatively your wife should be able to apply in her own right, under the five year rule (in which case she is required to have been in the UK at the start of the five year period ending on the date of application; (date of application - five years + 1 day).

The requirement to have been in the UK at the start of either the three year period (if applying as the spouse of a British citizen) or the five year period is the only requirement that the Home Office has no discretion to disregard.

[bobbili]

Thanks for the reply.

I am a British Citizen.
My wife living in this country from 2007 as dependent, got a PR in 2012 along with mine. I applied Citizenship in 2013, but I have not applied for her and we are doing the same now.

That means she has a right to apply on her own.

It sound's like NCS confused that they thought she is applying as 'Wife of British Citizen'

Not sure how to discuss with NCS again on this.

[secret.simon]

Was she absent in August 2013 or 2014?

August 2013 would be fine under both the five year and the three year rules. August 2014 would cause issue under the three year rule, but she should still be able to apply under the five year rule, if she meets those requirements.

[bobbili]

Apologies - Absence in 2014, not in 2013

She has a right to apply on her own.

[bobbili]

Just now spoke to NCS Case worker.
She says - Since I am British citizen now, 'Spouse of British Citizen' rules applies.
This is rubbish.

I tried saying that my wife has right to apply on her own on 5+1yr rule.
She has not convinced.

Is there any way that I could write this directly to UKBA to get clarified officially so that I will speak to NCS.

[secret.simon]

I suggest that you either go to another NCS or apply postally (provided you are OK with sending the original passport and DCPR).

You can apply via the NCS of any council, not necessarily the one local to you.