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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hi..my husband is a British citizen and I live now in UK since

Customer Question

Hi..my husband is a British citizen and I live now in UK since 9 months under settlement visa(spouse visa)..when can I apply for British citizenship? and is that necessary for my husband to be live me in UK all the times for 3 years? (we are married since 5 years but we was living in Jordan)
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : I note that you have had indefinite leave for 9 months but what is the total amount of time you have lived in the UK?
Awan-Legal : If you have lived in the UK for a total of 3 years with a visa throughout this time, then you will be eligible to apply for British naturalisation even if your husband has not been in the UK with you during this time. This is of course subject to you meeting the following criteria:
Awan-Legal : There are seven requirements you need to meet before you apply:you are aged 18 or over; andyou are of sound mind; andyou can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; andyou have sufficient knowledge of life in the United Kingdom; andyou are of good character; andyou are the husband, wife or civil partner of a British citizen; andyou meet the residential requirements; oryour husband, wife or civil partner is in Crown or designated service outside the United Kingdom.Residential requirementsIn order to demonstrate the residential requirements for naturalisation you need to:have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); andhave been present in the United Kingdom three years before the date of your application; andhave not spent more than 270 days outside the United Kingdom during the three-year period; andhave not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; andhave not been in breach of the immigration rules at any stage during the three-year period.Start of the residential qualifying periodThe residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.
Awan-Legal : Therefore, any time that you have spent out of the UK is also relevant and cannot exceed the abode days.
Awan-Legal : The link and form are available here:
Awan-Legal : http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/
Awan-Legal : Please click accept, thanks.
Customer :

Thank you for your help..I live in UK since July 2011, so there is no need for my husband to stay with me all the time for the remaining period? can he go outside UK?

Awan-Legal : That is correct, it is important when applying for indefinite leave/settlement but not necessary when applying for your british nationality so long as you are still married to a British citizen at that date of course. You will need to wait until July 2014 to apply though and should not have stayed out of the UK beyond the days allowed as above.
Awan-Legal : I hope that helps.
Awan-Legal : Please click accept on my answer, thanks.

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