Ilr When Can My Wife Apply?

[feasantplukka]

Could anyone tell me when my wife will be able to apply for ILR, she came to the UK on the 1st day of her 2yr settlement visa, 17.07 2009 we have been on holiday back to THailand for three week and a further week in Spain, does the holiday period take the application date back, I am aware that she would be able to apply 28 days before 17th july 2011, do I then add the holiday period back on to give the new application date?

[rankoutsider]

Apply as per ukba instructions, my wife had ten wks out of the uk over her two year period and got ILR last week. I thought excessive time out would be a problem so phoned ukba for advice.

[7by7]

The residential qualifying period for ILR is 24 months, so if she entered the UK on 17/7/2009 she meets this requirement on 16/7/2011, although as you say she can submit the application up to 28 days before this date.

There is no limit on the time one is allowed out of the UK while qualifying for ILR, but when applying one will need to show that one is a UK resident; difficult to do if the majority of the 2 years has been spent out of the UK!

However, the time scales we are talking about here will not be a problem.

Remember that when applying for ILR one must be in possession of a valid entry clearance or leave to remain. So if, for any reason, one's current visa expires before one can submit the ILR application one will need to obtain FLR to cover the gap.

[RAZZELL]

The residential qualifying period for ILR is 24 months, so if she entered the UK on 17/7/2009 she meets this requirement on 16/7/2011, although as you say she can submit the application up to 28 days before this date.

There is no limit on the time one is allowed out of the UK while qualifying for ILR, but when applying one will need to show that one is a UK resident; difficult to do if the majority of the 2 years has been spent out of the UK!

However, the time scales we are talking about here will not be a problem.

Remember that when applying for ILR one must be in possession of a valid entry clearance or leave to remain. So if, for any reason, one's current visa expires before one can submit the ILR application one will need to obtain FLR to cover the gap.

If you then go on to try and get passport/residency etc...doesn't the clock start from when you first came to the UK, even on a visit visa? As long as you haven't been out of the UK for more than 270 days in the three year period???

I'm confused about this bit.

RAZZ

[ThaiVisaExpress]

Had she previously entered on a Tourist Visa ?

[7by7]

Razz, the residential requirement for ILR for partners is a minimum of 24 months with a spouse or civil partner or unmarried partner visa (if one entered with a fiance or prospective civil partner visa then 24 months after receiving FLR). Time spent in the UK on another type of visa or leave to remain does not count.

However, it is different for citizenship.

The residential qualifications for citizenship if one is the spouse or civil partner of a British citizen are:-

1) One must have no time limit on one's stay in the UK; i.e. ILR or the equivalent.

2) One must have been legally in the UK on the exact date three years prior to submitting the application. The type of visa or leave to remain one had at that time is irrelevant, so a visit visa would count.

3) During the intervening three years one must have spent no more than 270 days out of the UK with no more than 90 days in the final year.

[Rayongy]

double post.

[Rayongy]

Of course 7by7 is correct. I contacted the UKBA and the local council on behalf of my wife and was told that:

One's wife can indeed apply for citizenship after 3 years despite One's wife having first entered the UK on a visit visa. One's wife spent six months in the UK before returning to Thailand for one month and then returning to the UK for 5 months. I was informed that as One's wife had entered the UK with ILE status that two years on that visa, coupled with One's previous visit meant that the three years was covered and thus One's wife could indeed apply and be granted citizenship with the one year + two years spend in the UK. One's wife would then wait anyting between two weeks and 6 months to be granted citizenship. One's wife could then apply for a passport.

Happy days.

[Hawkinschris]

My wife entered UK 19th November 2009 on Fiance Visa. We then married, applied and got FLR on 8th March 2010

Prior to this, she first came to the UK December 2006 for 3 weeks, May 2008 for 3 weeks, August 2008 for 2 months, December 2008 for 2 weeks & April 2009 for 10 days.

My question is, when can my wife apply for citizenship?

I know its not for a few years yet, just confused as to exactly when!

[RAZZELL]

My wife entered UK 19th November 2009 on Fiance Visa. We then married, applied and got FLR on 8th March 2010

Prior to this, she first came to the UK December 2006 for 3 weeks, May 2008 for 3 weeks, August 2008 for 2 months, December 2008 for 2 weeks & April 2009 for 10 days.

My question is, when can my wife apply for citizenship?

I know its not for a few years yet, just confused as to exactly when!

You have to work out the "days out of the UK" - not more than 270 in the three year period from first entry.

So, if your now wife entered in April 2009 then came back in November 2009 that's (roughly 180+ days out of the country). Leaves you with about 90 days to be out of the UK.

If December 2008 I guess you'd be very tight or exceeding the 270 already???

RAZZ

[RAZZELL]

Of course 7by7 is correct. I contacted the UKBA and the local council on behalf of my wife and was told that:

One's wife can indeed apply for citizenship after 3 years despite One's wife having first entered the UK on a visit visa. One's wife spent six months in the UK before returning to Thailand for one month and then returning to the UK for 5 months. I was informed that as One's wife had entered the UK with ILE status that two years on that visa, coupled with One's previous visit meant that the three years was covered and thus One's wife could indeed apply and be granted citizenship with the one year + two years spend in the UK. One's wife would then wait anyting between two weeks and 6 months to be granted citizenship. One's wife could then apply for a passport.

Happy days.

One's????

Must have a better class of poster on ThaiVisa these days

RAZZ

[RAZZELL]

Razz, the residential requirement for ILR for partners is a minimum of 24 months with a spouse or civil partner or unmarried partner visa (if one entered with a fiance or prospective civil partner visa then 24 months after receiving FLR). Time spent in the UK on another type of visa or leave to remain does not count.

However, it is different for citizenship.

The residential qualifications for citizenship if one is the spouse or civil partner of a British citizen are:-

1) One must have no time limit on one's stay in the UK; i.e. ILR or the equivalent.

2) One must have been legally in the UK on the exact date three years prior to submitting the application. The type of visa or leave to remain one had at that time is irrelevant, so a visit visa would count.

3) During the intervening three years one must have spent no more than 270 days out of the UK with no more than 90 days in the final year.

Thank's for making it clear

RAZZ

[7by7]

My wife entered UK 19th November 2009 on Fiance Visa. We then married, applied and got FLR on 8th March 2010

Prior to this, she first came to the UK December 2006 for 3 weeks, May 2008 for 3 weeks, August 2008 for 2 months, December 2008 for 2 weeks & April 2009 for 10 days.

My question is, when can my wife apply for citizenship?

I know its not for a few years yet, just confused as to exactly when!

Firstly, to apply for citizenship your wife will need to have ILR, and she is not eligible for this until 7th March 2012.

Three years back from that is March 2009, and she was not in the UK then, but was in April 2009; so the earliest she can apply is April 2012. But, as Razz says, you will need to check that she has not been out of the UK too long during the three years.

This is where it gets a bit complicated. ILR applications can take up to 6 months to process, so if she is granted ILR in or after May 2012 then three years before that she was not in the UK; so will have to wait until she was in the UK three years prior, i.e. November 2012 or after.