Visa, Ilr And Naturalisation Under The Old Rules

[steady]

My wife came to the UK in September (I returned at the same time) but she got her visa under the old rules. Her visa was a spouse settlement (KOL) because we had been married for over 4 years overseas and through the good advice given on these forums we knew that she only had to pass the knowledge of life test and then she could apply for ILR without having to meet any time limitations. I checked throughout the UKBA website and on its forms and found no reference to our situation but duly attended the UKBA office with a premium application. (I just ignored where it said that we had to be resident for a certain number of years on the forms.)The UKBA staff were very professional and recognised the visa and the ILR was issued in 30 minutes. I had a bundle about an inch and a half thick of photo copies and the person checking gave me everything back except my divorce certificate from my previous marriage and our passports saying that was all that was needed for these types of applications.

When the ILR was actually given we were called back to the desk where a more senior officer said to my wife, "you now have ILR, you can apply for citizenship in one year." I said that I thought that it was 3 years in the UK and he said as far as he was concerned it was one year after ILR with our type of application. Now my query is, how do I find out documentary proof that this really is the situation. For our application for ILR I couldn't find any documentation addressing our situation, we just went because of everything we had read in forums like these. However for citizenship I can't even find people on forums writing about it.

The UKBA officer made clear that it was his belief that there wouldn't be a problem but also pointed out that applications for visas up to ILR the UKBA take the lead but for naturalisation / citizenship the lead is taken by the Home Office.

So if there is anyone with a copy of the old rules or knows where to find this information then please get posting.

Many thanks, Steady

[7by7]

The requirements for naturalisation have not been changed.

to met the residential requirements for naturalisation as the spouse or civil partner of a British citizen one needs 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 spent 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.

The three years is counted back from the date they receive the application; so, for example, if they receive the application on the 25th March 2013 then the applicant must have been legally in the UK, and show that they were, on the 26th March 2010. The type of visa or leave to remain they had at that time does not matter.

See Requirements for naturalisation if you are married to or the civil partner of a British citizen for more.

So either your wife already meets the above requirements or the officer you spoke to is mistaken.

[steady]

Thanks for the reply. The issue that I have is that the UKBA rules on the internet state that someone must have been in the UK for a set period of time before applying for ILR, either 2, 3 or 5 years I think. However my wife got ILR after 4 months. It is only because of forum contributors who put the information online that we knew this. The rules for naturalisation again state residential requirements, which we may or may not have to meet - depending on who we believe. Hence why I'm trying find out if anyone has been here before or where the earlier rules can be found.

[7by7]

The rules for family migration to the UK have changed, w.e.f. initial visa applications made on and after 9th July 2012. One of these changes is that the residential qualifying period for Indefinite leave to Remain for spouses, partners etc. is now 5 years. Another is that the category your wife came under, ILE subject to KOL, has been abolished; as has full ILE except for children where their parent(s) already have ILE

Apart from the introduction of the KOL requirement in 2004, the rules for naturalisation have remained the same for so long that I doubt earlier rules are anywhere on the net. Maybe if you searched in the paper archives?

However, if you want to ignore the requirements linked to earlier and submit an application for your wife before she meets the residential requirement, feel free to do so. They will be happy to take your £851 and then refuse her because she has not met the residential requirement!

Edited March 10, 2013 by 7by7

[steady]

To 7x7, you've missed the point with your reply about me being happy to lose 851 pounds. My issue is that all of the information I can find online from the UKBA seems to relate to the majority of applicants. The fact that my wife got ILR after 4 months whilst the UKBA information online stated clearly that the residential requirement was much longer appears to indicate that there may be other standards which are acceptable if you are not mainstream. However I cannot find the rules which will be applied. The fact that someone who works for the UKBA gave an indication that perhaps the rules on the website are for the majority using today's rules raised my issue.

Your first 2 paragraphs were very useful and helpful,this is as you have been on many occasions to many people, myself included. However I feel that you should have omitted the final sentence. It comes across in a very negative and churlish fashion. I have brought a wife and family from Thailand in 6 months and my wife now has ILR. You know that this is possible but if you read the UKBA rules you would do well to find out that it's possible.

[7by7]

As said, the category under which your wife was granted her initial leave to enter, ILE subject to KOL, was abolished under the changes which came into effect on the 9th July 2012. Therefore it is not surprising that the UKBA's guidance no longer mentions it.

As also said, the last change to the naturalisation rules was in 2004 with the introduction of the KOL requirement.

I'm sorry if I have come across as churlish, but I have linked to the official guidance on naturalisation if the spouse or civil partner of a British citizen, including the residential requirement.

Your wife has to meet all of those requirements, including the residential one. The immigration category under which she first entered the UK and how and when she obtained her ILR are both irrelevant.