Citizenship or Indefinite Leave to Remain

[Anglotinean81]

Hello all,

My wife, who is Argentine, is currently on a Spouse Visa which is due to expire in the middle of November. Usually in this situation one would apply for IRL. However, this is actually her second Spouse Visa. She received her first at the start of April 2007 (just after we married) but returned home to study and obtain her degree in December 2008, before fulfilling the 2-year requirement period needed to apply for IRL in March 2009. She returned on her second Spouse Visa in September 2009.

My wife is keen to apply for Citizenship rather than IRL. Is she eligible for Citizenship? She fulfills all of the requirements except for not spending less than 270 days outside the UK in the last 3 years. She has spent around 300 days outside the UK. However, the nine months she spent outside of the UK between December 2008 and September 2009 were for studying, in which she obtained her degree. I understand that time spent abroad to study can be discounted from the 270 day limit? She was here three years ago, so that requirement is covered. She passed her Life in the UK test last week and has her certificate.

Any advice would be greatly appreciated. We don't want to apply for Citizenship without being sure she is eligible, as apparently the hefty fee is non-returnable in the event of a refusal.

[Greenie]

Hello all,

My wife, who is Argentine, is currently on a Spouse Visa which is due to expire in the middle of November. Usually in this situation one would apply for IRL. However, this is actually her second Spouse Visa. She received her first at the start of April 2007 (just after we married) but returned home to study and obtain her degree in December 2008, before fulfilling the 2-year requirement period needed to apply for IRL in March 2009. She returned on her second Spouse Visa in September 2009.

My wife is keen to apply for Citizenship rather than IRL. Is she eligible for Citizenship? She fulfills all of the requirements except for not spending less than 270 days outside the UK in the last 3 years. She has spent around 300 days outside the UK. However, the nine months she spent outside of the UK between December 2008 and September 2009 were for studying, in which she obtained her degree. I understand that time spent abroad to study can be discounted from the 270 day limit? She was here three years ago, so that requirement is covered. She passed her Life in the UK test last week and has her certificate.

Any advice would be greatly appreciated. We don't want to apply for Citizenship without being sure she is eligible, as apparently the hefty fee is non-returnable in the event of a refusal.

she can't apply for citizenship if she doesn't have ILR.