Please advice on what method is applicable in applying for Naturalisation

[Meghaj]

Dear Immigration board member,
I would truely appreciate your advice on absences allowed while applying for Naturalisation.
My scenario is as below
I have been granted ILR in 2011 along with my husband and on the basis of my husbands workpermits/visas as a dependent(i mean to say i did not work at the time I was granted ILR and entered UK always on dependent visa).So, basically my ILR was granted on my husbands dependent condition.
Now, my question is,am i still eligible to apply for Naturalisation through/on 5year basis rather than 3year spouse route? Or am i only allowed to apply through spouse 3year presence in UK route as my ILR was granted based on my husbands ILR/Visa.
Or am i still eligible to apply on my own rather than spouse dependent 3year stay in UK route.
I never applied for Naturalisation as my husband and my son had British passport and i was in ILR but now circumstances changed and my husband me and my son returned back to India on April 10th as we decided to join our family due to ill health of my mother in law. I did not know that my ILR would automatically lapse if I stay away from UK for a period of more than 2years. Now that i discovered the rule of ILR i would like to be on safer side but i may not be able to return back to UK in next few months bec of my motherinlaws ill health. She needs our support and presence. So, if i stay over 270days outside UK which is the maximum absence requirement to apply through spouse of British Passport then I will not be eligible to apply through this route as i would have exceeded my absence allowance. My mother inlaws operation is due in Feb so I have every chances of returning back to UK before April 15th ad i will sort out my personal life before April 15th hopefully but since my husband wants to still stay behind fir next six months with his mother it will be only me and my son who would return back in April. So, my question is, can i apply through direct method which is 5year rule wherein the absences is permitted for 450days in 5year period and not more than 90days in last 1year which i will wait until one year to meet this requirement. I have never been absence in last 4years other than this present absence which will be around 365days and i will make sure i stay in UK for next one year to fulfill the second absence requirement(no more than 90days in last one year).
Am i eligible to apply on 5year rule with absence requirement met or is it mandatory to apply through 3year spouse dependent route as i was granted ILR on my husbands immigration status.
I am really very much confused and would be most grateful if you could give me proper advice on this case please. Also, to mention, we own a home in UK. My absensces are as follows
1)9th April 2017 left UK to ioin family in India and still in India currently looking after my
motherinlaw.
2)10th April 2013 entered UK after a short holiday break from India for about 4months stay in UK as i had a baby.
3)Never had any holidays from 10th April 2013 up until 9th April 2017 outside UK
4) Will be returning back to UK by april 15th 2018 but without husband and will stay in UK for a year to meet my residency requirement(In 5years no more than 450days holidays and in last 1year no more than 90days holiday)
Will i be eligible to apply for Naturalisation through this rule or am I only eligible to apply through spouse of British passport route which is 3year rule(with no more than 270days holidays in last 3years and no more than 90days holidays in last one year)
Please kindly advice whats the best way to apply? We intend to live in UK in future-its only due to my ill motherinlaws health conditions why we are away from UK at the moment.
Please advice
Thank you

[CR001]

Try and space your typing out. Very difficult to reach such a block of text and try figure what you are asking and how many questions you are asking.

am i still eligible to apply for Naturalisation through/on 5year basis rather than 3year spouse route? Or am i only allowed to apply through spouse 3year presence in UK route as my ILR was granted based on my husbands ILR/Visa.

Is your husband British? The 3 year rules has nothing to do with ILR as such, it is only relevant if your husband is British,

Or am i still eligible to apply on my own rather than spouse dependent 3year stay in UK route.

If you apply on your own, you apply based on 5 years residence

So, my question is, can i apply through direct method which is 5year rule wherein the absences is permitted for 450days in 5year period and not more than 90days in last 1year which i will wait until one year to meet this requirement.

Yes, but you already have more than 90 days absence so you won't be able to apply as soon as you return.

Am i eligible to apply on 5year rule with absence requirement met or is it mandatory to apply through 3year spouse dependent route as i was granted ILR on my husbands immigration status.

There is NO 'dependent spouse BC'. You need to meet the requirments ON YOUR OWN. There is only a concession to apply based on 3 years IF your husband is British.

You need to be in the UK to apply.

[Meghaj]

Thank you CR001 for your kind and quick reply. Information provided is of great help.
Sorry to be a pain again.
Please could you further advice on the following.
1)My husband is British(holder of British passport which he was granted in April 2017)
2)I know I can go through the concession 3year residence rule if I want to apply for British passport as I am the spouse of British Citizen.
3)But,I do not want to go through 3year concession rule as I have exceeded my 270days of absence in last three years by staying in India since April and I cannot travel back until Feb 2018 as my MIL’s operation is due in Feb.
4)So, my question is, if i return back to UK in April 2018 and live in UK for one whole year and then apply for British passport through 5year residence rule by meeting the maximum absence requirement of no more than 450days in last 5years and no more than 90days in last one year,
Will i be eligible to apply through 5year residence rule?
OR
Is it mandatory to apply through 3year concession residence rule as I was granted ILR based on my husbands immigration status and because my husband is a British national now.
5)Please kindly clarify if a spouse of British citizen is eligible(mandatory) to apply only through 3year concession residence rule or Can i still apply directly through 5year residence rule by meeting the absence requirement irrespective of my spouse being British and irrespective of me having granted ILR purely on the basis of my husbands immigration status?
6)The only reason why I want to apply on the basis of 5year residence rule is because of my long term absence(which is more than 270days in last 3years but less than 450days in last 5years) which will make me ineligible to go through 3year concession rule and due to my husband staying back in India for few more months to take care of his mother.
7)In short, my confussion is, am i eligible to apply through 5year residence requirement rule or Should I ONLY apply through 3year concession rule as i am spouse of British passport?
Thank you in advance and look forward for your valuable advice once again.
Many thanks

[secret.simon]

As the spouse of a British citizen, you can apply under either the 5 year (Section 6.1) or 3 year (Section 6.2) requirements for British citizenship. You are not required to apply under the latter.

Your ILR route (spousal visa) has no implications for the naturalisation application, so long as you have ILR.

Be aware of the physically present in the UK at the start of the five/three years requirements. You need to prove that you were physically in the UK exactly five/three years before the date of the application. So, if I were to apply today, I would have to prove that I was physically present in the UK on 26/12/2012 (if applying on the basis of five years) or 26/12/2014 (if applying on basis of three years). Failure to meet this requirement means guaranteed refusal.

[Meghaj]

Thank you Simon for your valuable advice and information provided. Very much appreciate your time. Glad to know I can apply through 5year route for Naturalization even though I am a spouse of British citizen which would help me meet maximum absence allowed in residence requirement. I would be grateful if you could answer my doubts(if any) that may arise at a later stage.
Thank you once again!!

[Meghaj]

Dear Immigration board members,
Please could you advice me on if I am still eligible to apply for BC(British Citizen)/Naturalisation under section6(1)application based on 5year residency qualifying period considering the fact that I am the spouse/wife of BC but I wouldn’t be able to apply under section6(2)application based on concessional 3year residency qualifying period as I have exceeded the maximum permissible number of absences which is no more than 270days in last 3years.
My current situation is detailed as below.
1) My husband and my son both hold British passport.
2) I am on Settlement visa/ILR since Jan 2011.
3) We own a home in England since Aug 2011.
4) Since 10th April 2013 to 8th April 2017 I have lived in UK continuously with my family with no absences. We moved to India last year on 9th April 2017 due to my MIL’s ill health and are staying here currently.
5) My husband has decided to stay back in India for a year or two to look after his aged parents and to take care of their businesses,however he has all intentions of returning back to UK once things settle down.
6) But my 8year old son who was born and bought up in UK wants to go back to UK as he is finding it hard with schooling in India.
7) In the interest of my son if I go back to UK with him and live in the UK for a year,can I then apply for Naturalisation under section6(1) of 5year residency requirement?- I mean after a year of my stay in UK by fulfilling the conditions of 5 year residency requirements which is no more than 450days of holidays in last 5years and no more than 90days in last year considering the fact that “I am the spouse/wife of British citizen.” But I cannot apply on the basis of 3year residency requirement of section 6(2)-spouse of BC as I have exceeded the maximum permissible no. Of absences which is no more than 270days in last 3years(I will have 365days of absences from 9th april 2017 to 10th april 2018 as i am planning to return back to UK in April first week once my son finishes his acedamic year in India).
Please advice me if I am ONLY required to apply under Spouse of British citizen Section6(2) of 3year residency requirement rule or Am I STILL eligible to apply under Normal application of section6(1) of 5year residency requirement rule irrespective of my husband being British and not living in the UK with me for next one year.
9) If I am eligible to apply under 5year residency rule, what explanations should I make in my application as to why am I applying under section 6(1) and not under section 6(2) of spouse of BC.Will they raise any query on this matter and are their any chances of rejection on this basis.
10) My presence and absence from UK in last 5 years are as below.
a) From 9th April 2017 to 15th April 2018(absent from UK) I intend to stay in India and then return back to UK and live in UK for a year(from 16th april 2018 to 16th april 2019) without any absences from UK to fulfill the requirement of no more than 90days absence in last one year.
b) From 10th April 2013 to 8th April 2017 I have lived in UK continuesly without any absences outside of UK.
c) So I have stayed in UK for 4years from 10th April 2013 to 8th April 2017.
I will have absences from 9th April 2017 till 10th April 2018 for a year.
I intend to live in UK from 11th April 2018 till 11th April 2019 for a year with no absences.
Looking at my above scenario, Please advice me if I am still in good shape to apply for BC after a year of wait in UK.
I would be most grateful for all the valuable information and advice.
Thank you