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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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my wife is from the ukraine and now holds a residence permit

Resolved Question:

my wife is from the ukraine and now holds a residence permit start date24/8/10 until 24/8/12 we did not realise there was a time limit on staying out of the country as we went back to ukraine this summer for 45 days how will this effect us in the next stage of our aplication for british citizenship i am a british citizen
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

I assume you mean that she has obtained a Spouse Visa on the basis of your marriage.

The unofficial threshold for the maximum amount of days outside of the country which still permit a spouse to apply for Indefinite Leave to Remain is that a spouse should not have spent more than 90 days outside the UK in either of the preceding two years before the application for ILR.

The residential criteria for applying for naturalisation is on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Residential requirements

In 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); 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
You will see that there is a maximum of 270 days outside of the UK throughout the whole of the three year period which must not be exceeded. You will also see that she must not spend more than 90 days outside of the UK in the 12 months immediately before she makes her application for naturalisation.

You will have to calculate how much time she has already spent outside the UK and how much further time outside is anticipated, but if there are no significant periods outside the UK other than the 45 days to which you refer then she will still be eligible to apply for ILR and then naturalisation.
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Kind regards,


Tom
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