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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
Satisfied Customers: 11
Experience:  Moderator
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I am a British citizen. My wife is South African. We have

Customer Question

I am a British citizen. My wife is South African. We have lived in the UK since 2004 and have been married since 2009. She has indefinate leave to remain. We have just returned from living in France for 2 years. We return to SA for holidays once per year and she does more frequently. She would like to obtain UK citizenship but we are not sure if she is eligible. Can you advise please regards ***** *****

Submitted: 1 year ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

She may apply for British Citizenship after living in the UK continously for 3 years (she is allowed about up to 3 months out of the UK per year) for holiday or other purposes.

She will also need to pass the life in the UK test and English language requirement before applying for British Citizenship, unless she is aged 65 or over, see here:

https://www.gov.uk/english-language/overview

and

https://www.gov.uk/life-in-the-uk-test

Hope this helps
Customer: replied 1 year ago.

Thanks but what is not clear by your answer is whether the 2 years in France can be considered as being in the UK or not. I was sent there by my work so it is no fault of hers

Expert:  UKSolicitorJA replied 1 year ago.
I am afraid no, the years spent in France are not counted as libing in the UK and infact had she been away from the UK for more than 2 years, she would have lost her indefinite leave to remain status.

The 3 year clock starts ticking from the time she came back to the UK from France.

All the best-please leave feedback
Customer: replied 1 year ago.

Thank you but your answer but it does not completly answer my question. Her status is as follows;

She has been my wife since Feb 2009

In April 2013 we moved to France for 2 years

So she has lived in the UK for 4 years before going to France

Does this not make her eligible?

The 3 months abscence per year that she is allowed, is this calculated for every year or an average over the time she has been my wife?

thanks for your patience

Vaughan

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Thats fine please let me know when you have an answer

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

As I have not got a satisfactory reply to my question can I have my money back please

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