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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have currently been in the UK for 2 years. I am married

Customer Question

I have currently been in the UK for 2 years. I am married to a British citizen. I would like to apply for citizenship now because my husband has a job offer in the USA which would keep us there for 2 years. I am unclear as to whether or not I can apply for citizenship now based on the absences policy. I know I am not technically out of the UK yet, but could I send in my application in say 3 months before we move based on the policy below? (here is a link to the document http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/booklet_an.pdf)

"2. You must not have had more than 270 days outside the United Kingdom in the three year period before making the application (but see the section on Absences on page 7)."

3. You must not have had more than 90 days outside the United Kingdom in the 12 month period before making the application (but see the section on Absences on page 8).

5. ABSENCES FROM THE UK
To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3 year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5 year qualifying period.
There is discretion to disregard absences in excess of the limits. This discretion is outlined in the following tables
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You would only qualify for British Citizenship under S. 6(2) of the British Nationality Act 1981 if you have resided in the UK for at least 3 years and you have indefinite leave to remain in the UK.

You are allowed to be out of the UK for up to 90 days per year for each of the 3 years.

If you have only been in the UK for 2 years, I am afraid you do not qualify for British Citizenship just yet.

See here for further information: http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Hope this helps
Customer: replied 2 years ago.

Hello,


 


Thanks for that link and information. I am the spouse of a British Citizen. I have indefinite leave to remain.


 


It says on the home office sight you must not have been out of of the country for more than 270 days during the 3 year period. But from what I understand, I must not have been out of the country for 90 days prior to making the application? So could I wait to join my husband so it equals that amount of time as it does not specify strictly how you use the 270 days in the 3 year period.


 


If not, we do have a house here and reasons to return (family, home, etc), is there any way to apply from the USA and receive citizenship based on circumstance? His job is non government, however.


 


Many Thanks,


 


 

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you may join him in the USA for up to 90 days i.e. 3 months before you lodge your application. As advised previously, you will be eligible to apply on the third anniversary of your arrival in the UK.

All the best

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