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Posted

So I was wondering...

My wife applied for a settlement visa on the 8th of June (Before the new rules were passed) and if accepted will be staying in Scotland for 24 months offcourse.

But with the new rules in place, can she get 1 year IRL then naturalisation then apply for a UK passport.

OR does she have to stay in the UK for up to five years before naturalisation and gaining a passport? (new rules i believe)

Also either way... can she still get IRL with the ESOL course? i heard they were doing away with it?

I guess what iam trying to ask is - because we applied before the new rules were in place does that mean we are set on the old rules all the way to her geting her passport or is it old rules for gaining the visa then onto the new rules for IRL ect?

Any information will be helpful, thanx smile.png

Posted

The rules for citizenship haven't changed.

Two of those rules are that the applicant needs to hold ILR or the equivalent and if the spouse of a British citizen have been in the UK for three years. (See here for the details.)

Your wife applied for her visa under the old rules and so she can apply for ILR after two years and citizenship after she has been in the UK for three years.

Those entering the UK under the new rules have to live in the UK for 5 years to get ILR so cannot apply for citizenship until after that.

The current language requirement for ILR will continue until October 2013, but all ILR applicants from October 2013 will need to have passed the LitUK test and obtained B1 of the CEFR, or equivalent, in English speaking and listening. ESOL with citizenship courses will no longer qualify.

Posted

Thanks very much 7by7. Thats all i needed to know :) A shame about the ESOL course, I rekon thats the route we would of went if we make it to the UK.

I hear that LitUK test is very tricky,

Nevermind though, lets just hope we get a visa first of all :)

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