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Posted

Hi

If any one could help I would be greatly appreciated.

We would like to apply for naturalisation as a British citizenship for my wife but not sure if we quite meet the criteria her details are as follows

Indefinite leave to remain just granted on 04-03-2014

Life in the uk test passed

Obtained level b1 speaking and listening

She first arrived on a visit visa on 03/02/2011 and stayed until 08/07/11 she went back to Thailand to get ready to marry me and come back.

Returned back from Thailand married to me on 15/02/2012 then we went back to see family on 02/12/12 and returned back to England on 16/01/2013 then we went on holiday to turkey on 10/06/2013 returned 15/06/13 and she has been settled here since.

My query is about her being here on a visit visa to start with and then the gap while she waited for me to come back and marry and I think we are just over the 270 days allowed out the country by 2 days by my maths

Many thanks in advance

Joe

Posted

The residential qualifying period for the spouse or civil partner of a British citizen is three years.

The applicant must have been legally in the UK on the exact day three years prior to UKVI receiving the application (the type of visa or LTR held doesn't matter); so she must submit it before 8/7/14 or she will have to wait until 15/2/15 or after. See page 5 of Booklet AN

During the three years she must have spent no more than 270 days in total out of the UK, with no more than 90 days in the final year.

However, total absences of up to 300 days in the last three years and 100 days in the final year will normally be disregarded. See pages 7 and 8 of the booklet.

So, I can't see a problem if she is just 2 days over the limit.

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