Naturalisation

[Somtamme]

My Thai wife entered the UK on the 16 Oct 2010 after successful visitor visa and we've also successfully obtained further leave and indefinite leave to remain since. She passed ESOL level 3 with citizenship and also Life in UK prior to the new March 2013 test format.

As I understand it, the new requirements as set out in SOI-koll (Home Office, April 2013) is for English language to B1 (or equivalent e.g. ESOL 3) and Life in the UK, which is proposed to come into force from 28th Oct 2013. According to the guidance, naturalisation as married to British citizen is possible after 3 years of residence in the UK (so from the 16th Oct 2013).

So, my questions are;

1. If we apply for Naturalisation after the 3-years of residence but before the 28th Oct 2013, will our application will be based on the old rules and not those to be brought in with the SOI? Is the 28th Oct 2013 still the deadline? What are the old rules?

2. If we apply at registry / visa checking service I would prefer it if my wife did not have to leave her passport and ILR permit, as we are planning to travel to Thailand early the next year for a short holiday? Is this possible, or would we have to wait the approval and appointment for citizenship ceremony.

3. The SOI-koll explains a pass in the Life in the UK taken before the new test format (March 2013) will still be accepted?

[7by7]

Provided she meets all the requirements and applies before 28th October, then she does not need to meet the new language requirements and what she has now is fine.

If she applies via the NCS then all her supporting documents will be checked and returned. to her there and then; including her passport.

How long was the gap between her leaving the UK at the end of her visit and returning with her settlement visa?

The three years spent in the UK prior to applying does not need to have been with a settlement visa; any visa will count.

So, if she was in the UK three years ago with her visit visa and since then has spent a maximum of 270 days out of the UK with no more than 90 days in the final year, and meets the other requirements, she can apply now.