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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife is a Russian citizen with indefinite leave to remain

Resolved Question:

My wife is a Russian citizen with indefinite leave to remain in UK. I am a UK citizen. Some time, my wife will apply for dual nationality. Will it affect her status (i.e. time counted as being resident in UK) if she makes some short visits of about a month each time back to Russia?
Submitted: 6 years ago via InBrief.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Under the Immigration Rules a person with ILR who is to apply to be naturalised as UK citizen following their period of stay in the UK resulting from their marriage to a UK national will have to meet the Residential Requirements.

 

Your wife would have to meet the following and need to:-

  • have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
  • have been present in the United Kingdom three years before the date of your application; and
  • have not spent more than 270 days outside the United Kingdom during the three-year period; and
  • have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
  • have not been in breach of the immigration rules at any stage during the three-year period.

Her trips to Russia (or indeed any trips out of the UK for whatever purpose) will count as days outside for the purpose of the above.

 

It is worked out from the date the application for naturlisation is received by the UKBA. She should work out roughly when she is to make the application and then count back from their noting days outside of the UK that she has already taken.

 

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Kind regards,


Tom

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