Time spent outside uk

[Irelandken]

Hi folks,
been a while since i posted but was just wondering if anyone has had experience of their wife exceeding the time spent outside the uk prior to applying for citizenship.
We applied for ILR at the start of september with the intention of citizenship 1 year later, but i've just been asked to transfer overseas by my company starting in jan 2009 for a period of 1 year.
This as far as i can make out knocks my wifes chances of citizenship on the head as she'd exceed the 90 day limit in the last 12 months, and even the 270 day limit in the last 3 years
Has anyone had any dealings with the home office regarding exceptional circumstances where the 90 days can be exceeded, and how flexible if any are they?

[joebloggs]

so you applied for ILR in sept, have you got ILR yet?, probably not if you have just applied 3wks ago, maybe end of next week

so a year from oct really, and you want to take your wife out of the uk in jan 2009. so she would be out of the uk for at least 8 months

absences up to 180 days can be waived in some circumstances.but your talking about 8 months

have you asked UKBA ?

[darren-b]

Just looking back at your posts I think you said your wife came here on a fiancee visa in July 2006? Spouses of British Citizens don't have to wait a year after obtaining ILR before applying for British Citizenship, they only have to wait 3 years after becoming resident in the UK. Ths means your wife could apply as early as July 2009 which might help if brings the abscences down to less than 180 days.

As joebloggs says you'd be best to contact the UKBA. Factors they may be interested in are whether you own a home in the UK that you are going to keep, and whether the job transfer is optional or not.

[joebloggs]

true darren,

NB You should also check that you were physically present in the UK 5 years (3 years if you
are married or in civil partnership to a British citizen) before the date that the application
will be received by the UK Border Agency or other receiving authority (see page 29 “Where
to send your application form”). If you do not meet this requirement your application is
unlikely to be successful.

so she can not apply for it until the 3yrs is up..

[5olidsnake]

hi

3 years if you are married or in civil partnership to a British citizen

question

when does the 3 years start ?

a: the day we married (our case 3rd November 2007)
or
b: when FLR was issued (Jan 2008)

thanks

[joebloggs]

3yrs from the day she landed in the uk,

[5olidsnake]

she came here on fiancee visa ?

[joebloggs]

* You must have been living in the United Kingdom at the beginning of the three- year period; and
* On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
* During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
* During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
* You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

yes you need ILR, depends on your dates, as some people can apply for ilr and citizenship straight after.

once she has lived in the uk 3yrs then she can apply for citizenship