bread Posted January 22, 2009 Share Posted January 22, 2009 At last we got after 16 weeks of waiting our visa and passports back through the post which is great and now I have some more questions 1. It seems to indicate that we can apply for ILR after my wife has been in the uk for 2 years, not 2 years after she has now been granted FLR is this the case ? 2. What docs will I need to get/keep for the next two years? 3. What is the maximum amount of time allowed out of the UK between FLR and ILR 4. Can I still get child benefit e.g. tax credits and child allowance though my wife is 100% not entitled as always thanks in advance bread Link to comment Share on other sites More sharing options...
DC1066 Posted January 23, 2009 Share Posted January 23, 2009 Well done Bread - finally. I don't profess to be an expert, so get things checked, but: 1. I believe that you can apply for the ILR tomorrow - if you and you and your wife tick all the boxes. I'm guessing you only applied for FLR because you hadn't met all the criteria for ILR - usually the Life in UK test. So if this is the case and your wife passes the test/appropriate course you could apply straight away. 2. These are the same doc's you need for ILR - i.e. have your wife's name on bank statements, council tax, utility bills etc. Keep wage slips etc, etc. 3. I'm not sure if it is 90 days a year. There are specific requirements for applying for citizenship, which include 90 days in the year prior to applying. Not sure if this is the case for ILR or not. 4. Again I'm not an expert, but you are allowed to apply in your name, even if your wife is not. Once again, well done. Can you tell me when you applied and when you got the decision? I'm still waiting and its 15 weeks now. I'd like to know what dated applications have been processed. Link to comment Share on other sites More sharing options...
CharlieB Posted January 23, 2009 Share Posted January 23, 2009 At last we got after 16 weeks of waiting our visa and passports back through the post which is greatand now I have some more questions 1. It seems to indicate that we can apply for ILR after my wife has been in the uk for 2 years, not 2 years after she has now been granted FLR is this the case ? 2. What docs will I need to get/keep for the next two years? 3. What is the maximum amount of time allowed out of the UK between FLR and ILR 4. Can I still get child benefit e.g. tax credits and child allowance though my wife is 100% not entitled as always thanks in advance bread Congratulations. Told you that you'd get it a week or two after we did. Link to comment Share on other sites More sharing options...
bread Posted January 23, 2009 Author Share Posted January 23, 2009 Thank you Time wise it was about spot on 16 weeks and I put it all in the post on about the 5th of October I think. I Think I am right in saying that you can only apply for citizenship after you have been here for three years but I was not so sure about the ILR. If we can apply for it now then I guess we may as well do it as soon as she has done her Life in the UK test can any one clarify if this is the case ? thanks bread Link to comment Share on other sites More sharing options...
DC1066 Posted January 23, 2009 Share Posted January 23, 2009 Thank you Time wise it was about spot on 16 weeks and I put it all in the post on about the 5th of October I think. I Think I am right in saying that you can only apply for citizenship after you have been here for three years but I was not so sure about the ILR. If we can apply for it now then I guess we may as well do it as soon as she has done her Life in the UK test can any one clarify if this is the case ? thanks bread Maybe I misunderstood. It is definitely 3 years minimum in the country before your wife can apply for citizenship, but to move from your 2nd FLR to ILR, you can do this as soon as you meet all the requirements for the ILR. Thanks for the timing details. I'll keep waiting for ours Link to comment Share on other sites More sharing options...
bread Posted January 23, 2009 Author Share Posted January 23, 2009 Ok sorry If im being thick but im trying to get my head round this, my wife came here on a spouse visa which lasted for six months then she gets a FLR which lasts for two years in that two year period she needs to do her life in the uk test or go to college, then she at any time once she has completed one of these two things she can apply for ILR, which will enable her to stay in England for as long as we want and in turn not have to apply for a further visa until we decided to go for passport e.t.c Is this right ??? bread Link to comment Share on other sites More sharing options...
CharlieB Posted January 23, 2009 Share Posted January 23, 2009 Ok sorry If im being thick but im trying to get my head round this, my wife came here on a spouse visa which lasted for six months then she gets a FLR which lasts for two years in that two year period she needs to do her life in the uk test or go to college, then she at any time once she has completed one of these two things she can apply for ILR, which will enable her to stay in England for as long as we want and in turn not have to apply for a further visa until we decided to go for passport e.t.c Is this right ??? bread She has to have had 2 years residence in the UK to apply for ILR. I don't think the time spent on the fiance visa is valid as this is not a residence visa, but an entry visa. If you look at the new FLR your wife has, it says Residence Permit, or something similar on it, whereas the Fiance visa says something like Entry Clearance. Basically, about a month before her FLR is up you have to either apply with all your backup documents for ILR, or for another FLR if you haven't done all the necessary things yet. Any time during a second FLR, she can apply. I think this is what DC1066 is talking about, but you don't have a 2nd FLR, you're on your first. Link to comment Share on other sites More sharing options...
DC1066 Posted January 23, 2009 Share Posted January 23, 2009 Ok, the confusion (on my part) is that I didn't realise you were on the spouse's visa, I thought you'd had a two year settlement visa come to an end and were applying for another one as you'd not completed the LinUK requirements. So, now that is understood. The FLR will last 2 years, during which time you have to pass the test/pass course and meet the other requirements. After this you can apply for the ILR, but cannot do so until the last month of the visa. Further still down the line, you can require for citizenship after three years of residency - at least as things stand at the moment. Sorry for the confusion, hope this helps. Link to comment Share on other sites More sharing options...
bread Posted January 26, 2009 Author Share Posted January 26, 2009 Yes it does thanks alot both of you bread Link to comment Share on other sites More sharing options...
macduff Posted January 26, 2009 Share Posted January 26, 2009 Hi everyone. My wifes application for FLR went in oct 28 last year. and up to now hav'nt heard anything at present. She had got a settlement visa in nov 28 2006 and we came back to UK in feb 07 which is almost a three month gap. We could'nt apply for ILR because of my wife not being in the UK for a full two years and of course the ESOL part of it.My wife started college in sept 08 at level 1and has took her exam in dec 08 with a view to pass and move up to level 2 (no results yet). Providing she passes ive read on another forum that she can apply for ILR immediatly after her two years in the UK. If the timing is right and my wifes visa could be stamped with the ILR if i paid the differance in costs from 399 to i think off hand 700 pounds unless someone knows different. Link to comment Share on other sites More sharing options...
DC1066 Posted January 27, 2009 Share Posted January 27, 2009 Hi everyone. My wifes application for FLR went in oct 28 last year. and up to now hav'nt heard anything at present. She had got a settlement visa in nov 28 2006 and we came back to UK in feb 07 which is almost a three month gap. We could'nt apply for ILR because of my wife not being in the UK for a full two years and of course the ESOL part of it.My wife started college in sept 08 at level 1and has took her exam in dec 08 with a view to pass and move up to level 2 (no results yet). Providing she passes ive read on another forum that she can apply for ILR immediatly after her two years in the UK. If the timing is right and my wifes visa could be stamped with the ILR if i paid the differance in costs from 399 to i think off hand 700 pounds unless someone knows different. If you meet the Life in UK requirements then you can apply for the ILR as soon as you get to 2 years. I thought you had to pay the full amount for the ILR but must admit I'm not sure about this, so hopefully someone else can confirm either way. We applied for our visa after Bread and before yourself and we still haven't heard. I'll post on here if and when we get a response to keep you up to date. Link to comment Share on other sites More sharing options...
CharlieB Posted January 27, 2009 Share Posted January 27, 2009 Hi everyone. My wifes application for FLR went in oct 28 last year. and up to now hav'nt heard anything at present. She had got a settlement visa in nov 28 2006 and we came back to UK in feb 07 which is almost a three month gap. We could'nt apply for ILR because of my wife not being in the UK for a full two years and of course the ESOL part of it.My wife started college in sept 08 at level 1and has took her exam in dec 08 with a view to pass and move up to level 2 (no results yet). Providing she passes ive read on another forum that she can apply for ILR immediatly after her two years in the UK. If the timing is right and my wifes visa could be stamped with the ILR if i paid the differance in costs from 399 to i think off hand 700 pounds unless someone knows different. I think you'll find you'll have to pay the full fee for the ILR, no matter how long into the second FLR you are. If you do a search on here, some people have had to pay the full FLR fee for a couple of months to get them to 2 years. Link to comment Share on other sites More sharing options...
mariner29 Posted January 27, 2009 Share Posted January 27, 2009 (edited) Bread your wife can apply for citizenship 3 years after entering the country. That includes entering on a Tourist Visa my wife entered March 2006 on that visa & she applies and is eligible in March 2009 to apply for citizenship. Our daughter is 14 she can apply 2 years after first entering the country. Regards Paul Edited January 27, 2009 by mariner29 Link to comment Share on other sites More sharing options...
mariner29 Posted January 27, 2009 Share Posted January 27, 2009 (edited) Ok, the confusion (on my part) is that I didn't realise you were on the spouse's visa, I thought you'd had a two year settlement visa come to an end and were applying for another one as you'd not completed the LinUK requirements.So, now that is understood. The FLR will last 2 years, during which time you have to pass the test/pass course and meet the other requirements. After this you can apply for the ILR, but cannot do so until the last month of the visa. Further still down the line, you can require for citizenship after three years of residency - at least as things stand at the moment. Sorry for the confusion, hope this helps. Its 3 years from first entering the country. Residential requirements In order to demonstrate the residential requirements for naturalisation you need to: have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and have been present in the United Kingdom three years before the date of your application; and have not spent more than 270 days outside the United Kingdom during the three-year period; and have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and have not been in breach of the immigration rules at any stage during the three-year period. http://www.bia.homeoffice.gov.uk/britishci...rtnerofcitizen/ Edited January 27, 2009 by mariner29 Link to comment Share on other sites More sharing options...
mariner29 Posted January 27, 2009 Share Posted January 27, 2009 (edited) Ok sorry If im being thick but im trying to get my head round this, my wife came here on a spouse visa which lasted for six months then she gets a FLR which lasts for two years in that two year period she needs to do her life in the UK test or go to college, then she at any time once she has completed one of these two things she can apply for ILR, which will enable her to stay in England for as long as we want and in turn not have to apply for a further visa until we decided to go for passport e.t.c Is this right ??? bread She must pass the KOL/ESOL requirement she can then apply for ILR in the final 28 days of the visa being valid. Once she has been in the UK 3 years she may apply for citizenship. That includes the date she first entered on her spouse visa counts as does entering on a Tourist visa. I actually had a disagreement with a guy NCS and advised him entering on a Tourist visa counts as your first entry. He advised me i was incorrect after further checks he came back and apologised and booked our appointment for March 2009. http://www.bia.homeoffice.gov.uk/britishci...rtnerofcitizen/ Edited January 27, 2009 by mariner29 Link to comment Share on other sites More sharing options...
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