Citizenship Question (Uk)

[Rayongy]

Hello Folks

Any ideas regards my wife's situation?

Sept 2009 - Feb 2010 in UK on visit visa

April 2010 - July 2010 in UK on visit visa

(Previous to these two extended trips were scores of short trips over perhaps 8 years)

November 2010 will enter the UK on a ILE visa

Any ideas when she can apply for citizenship and do the two extended trips above count towards anything IE do they reduce the time before she can apply for citizenship?

Many Thanks

[steve187]

To apply for citizenship, a thai married to a uk national has to have been in the country for three years and has to have been physically present in the uk, three years prior to the date the application is received, and having passed the uk citizenship exam, or an esol with citizenship course.

Previous visits on a tourist visa will count as the 'start' date for the appliction, subject to not being out of the country for more than 270 days within the three year period,or not out of the country for more than 90 days in the previous 12 months.

see here - http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/bnchapters/bn7.pdf?view=Binary

good luck

Edited October 16, 2010 by steve187

[Rayongy]

thanks for that.

So, as I have a screaming hangover, let me just check this is right:

Wifey entered on a visit in Sept 2009

Between Sept 2009 and entering on the ILE, she has had 4 months out of the country.

She can apply for citizenship in Sept 2012 and has a max of 5 further moths she can spend outside the country between reentering in Nov 2010 and applying in Sept 2012 (with not more than 90 days in the last year before applying.

So, basically, she can get citizenship within 2 years max? If so, fantastic!!!

Cheers

[steve187]

work it out in days, count it off on a calendar.

[steve187]

working it out roughly see can apply in sept 2012, what was the dates of her visit prior to sept 2009

[bangkockney]

work it out in days, count it off on a calendar.

Or in Excel, you can just subtract two dates to get the number of days, based on a 7day week.

I find counting off a calendar laborious.

[Quan]

work it out in days, count it off on a calendar.

Or in Excel, you can just subtract two dates to get the number of days, based on a 7day week.

I find counting off a calendar laborious.

sorry to hijack your thread but could you clarify whether being resident is with or without valid leave?

[7by7]

Legally resident.

Breach of immigration laws during residential qualifying period

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

[the scouser]

If your wife obtains ILE on arrival in the UK, as opposed to ILE pending meeting KOL requirement, then she could potentially seek naturalisation immediately as you say there have been scores of trips over the last 8 years.

It all depends upon exactly what visa your wife will enter the UK upon in November and the dates she's previously visited. As stated, in order to qualify for naturalisation, the general thrust is that your wife has to hold indefinite leave, to have been physically present in the UK three years before the date of application, and not to have spent more than 270 days outside the UK in those last 3 years (and no more than 90 in the immediately preceding year).

Bear in mind that dates of departure/arrival don't count towards the 270 days' absence, but I'm sure you can work the actual figures out for yourself.

Scouse.

[Rayongy]

Scouser/Steve - thanks for the info,

Yes, scores of trips to the UK but always relately short - perhaps 1-2 weeks at a time.

As stands, we cant remeber when those trips were made, we have the entry stamp but no exit dates. Either way though, she would definately have been out of the UK for 270 days between trips. Perhaps the clearest and best way is to count down from Sept 2009 when she entered until Feb 2010 and then aim to not be out of the UK for more than 270 days from then until Sept 2012.

The Mrs is entering with having already past Life in UK, she studied it over a couple of weeks on her last trip and passed. On the visa it says something like entering the UK with ILE.

Thanks again Chaps