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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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Customer Question

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Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.
Hi,

What is your question please?

Tom
Customer: replied 4 years ago.
I came to United Kingdom around April 2008 to study. along the line i got married to a British then i was issued a 2 years probationary visa after which i got my Indefinite leave to remain around May 2011. Now, i want to confirm if i can go ahead and apply for British Citizenship. kindly enlighten me on this issue. thanks
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your patience, I had connectivity problems last night.

Please confirm:-
1. That you are on a spouse visa

2. How much time you will have spent out side the UK in the three years leading up to May 2012

3. Please confirm how many days you will have spent outside the UK in the last twelve months leading up to May 2012

4. Please confirm that you have not breached the immigration rules during the three years leading up to May 2012

Kind regards.


Tom
Customer: replied 4 years ago.
After our marriage in 2009, i was given a 2years spouse visa which ended 2011 then i applied for Indefinite leave to remain which was issued 10th of May, 2011. I have spent 310days altogether then 92days during the last 12 months. I have never breached the immigration rules since i came to the UK in April 2008 to April 2012.
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your reply.

Were any of the the 92 days spent outside the UK specifically because of your work? If so, approximately how many...

Were any of the 310 days spent outside the UK because of your work? If so, approximately how many...

Kind regards,

Tom
Customer: replied 4 years ago.
I was on holiday during the 92days outside united kingdom then some of the holidays during 310 days were because of business(4months),visiting my sick Mum and vacations. I am self employed so i do business abroad.
Expert:  Thomas replied 4 years ago.
Hi,

Thanks for your reply.

In order for a spouse of a UK national or settled person to be eligible to apply to be naturaslised asa UK citizen they must meet the residential criteria for spouses. You will see this is confirmed on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Please note the heading “Residential Requirements” and text underneath on the above link.

It is possible for applicants to argue that the UKBA should disregard days spent outside the UK for these purposes only if they were directly as a result of work commitments and for no other reason. If the 4 months absences was also because of family reasons then the UKBA will be reluctant to disregard this.

In May 2012 if you have spent 92 days on holiday then you obviously do not meet criteria 4 on the above page and therefore you would have to wait a few weeks until you are well below the 90 day period.

If you then apply a once you meet the 90 day period after a few weeks follow may (say mid-June) then you will have to argue for some of the days of your 310 days to be disregarded for work purposes. Personally, I would wait for a further as many months as you need to after this point so that the three years before do not “catch” days spent outside the UK which push you over the 270 limit so that your application will not be viewed as controversial. It would be less complicated to prepare as well because you would not have to argue for days to be disregarded because of work.

You’re going to have to get your calendar out and do some calculating and calculate when is the earliest you can apply having regard to the amount of time you spent outside of the country in 2009.

Provided you do this and you meet the critera on the above link then you can apply for naturalisation. Details on how to apply here:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/

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Kind regards,


Tom
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Customer: replied 4 years ago.
Pls can you read these page below; would it favor me ?

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/absencesfromuk/
Expert:  Thomas replied 4 years ago.
Hi,

I'm afraid not, I believe that's relevant only to those persons who are applying on the basis of 5 years working in the UK.

The relevant passage to you is contained in the original link I posted for you, Please refer to "Absences from the United Kingdom during the residential qualifying period" on that link.

So, no I don't think it's helpful to you. In any event I expect you will be eligible to apply after you have waiting a few months from May 2012 depending on when you took your absences so it's not prejudicial I wouldn't have thought.

Kind regards,


Tom

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