Uk Citizenship

[Desertexile]

My email

Dear Sir / Madame,

I am writing to you regards a future application for British Citizenship for my wife and would like to check some details/my understanding with you.

My wife, xxxxxxxxx previously had a ten year visit visa (xxxxxxxxxxx) on which she made many trips to the UK. The last two trips, in particular, were for an extended period, she entered as follows:

1. Trip one: xxxxxx - entered UK/ xxxxxxxxxx 2010 departed UK

· (40 days outside UK between Trips one and two below)

2. Trip two: xxxxxxxxxxx - entered UK / xxxxxxxxxxxx departed UK.

· (78 days outside the UK between Trip two and finally re-entering with a settlement visa)

3. She then re-entered the UK on a Settlement visa with ILE status (xxxxxxxxxxx) on the xxxxxxxxxxxxx

It is my understanding that she can apply for citizenship, 3 years from the date she entered on Trip one xxxxxxx) as long as she does not spend more than 270 days outside of the UK between xxxxxxxxxx – xxxxxxxxxxx and with no more than 90 days outside of the UK during year 3.

Is the above assumption correct regards the date (xxxxxxxxxxxx) she can apply for citizenship?

<br style="line-height: 17px; ">

Also, to date she has been out of the UK for 40+78 days = Total 118 days and thus has a further 152 days maximum she can spend outside of the UK before the application date?

Thank you very much for your time in answering these questions and checking my understanding of the procedure. I look forward to your reply. I should add that I have been through the website and was not able to find specific information regards the above two trips IE present in the UK on a visit visa as counting towards the required three years.

Many Thanks

And the response: I really hadnt thought about that!!!!!!

In answer to your query, yes your wife would be able to apply from xxxxxxxxx (as long as she does not exceed the period out of the country as stated on Home Office website and she is married to a British National). Another factor that you need to bear in mind is that obviously this is still more than 18 months away and the present Government may change the criteria required in order the apply for British Nationality. If you have any further queries you can contact the Home Office on their dedicated help line on 0845 010 5200. Thank you.

[7by7]

This is a standard response, to cover themselves.

It does not mean that the government will change the criteria or has any plans to do so, or is even considering the possibility. It just means that the government could change them if they wished.

This must always be borne in mind when looking into the future. Governments do change the laws and criteria for various forms of leave to enter/remain, citizenship etc. and don't always give much notice of these changes. One should always check what is required close to applying and not rely on what one was told a couple of years ago.

[Desertexile]

Any ideas when the last change was regards citizenship and the length of time required to apply?

[7by7]

Sorry, no.

The last change I can recall was the introduction of KOL and citizenship ceremonies about 6 years ago.

The residential requirement has been as current for a lot longer than that, I am sure. It was certainly so when my wife was naturalised in 2004 (missed KOL, but had to go to a citizenship ceremony).

[Desertexile]

Thank you that. That's reassuring. I certainly hope they don't move the goal posts and extend the time though it looks unlikely Whilst I do like living in the UK, I'll be happier when the Mrs has the passport so we can bugger off and get back to earning tax free.

[Desertexile]

PS My Mrs plans to cross her fingers behind her back during the ceremony

[Guest jonzboy]

but I also believe the government will not make changes affecting people already locked into a particular system, only for those yet to enter that system

so, if the wife is already two years into her three years to qualify for naturalisation, she would be able to continue and expect that to happen despite a change, say, in the qualification period for new settlers

[7by7]

Unfortunately, Jonzboy, experience has shown that your assumption is incorrect.

For example, when the government extended the KOL requirement to ILR it applied to all applications made after the effective date. This meant that many people had only a couple of months in which to pass the LitUK test or a suitable course. These all became oversubscribed so many people had to fork out for FLR simply because the government moved the goalposts!