UK Settlement following FLR(M) renewal

[JonnyReece]

Hoping to utilise the valuable resource provided on this site...

My Wife entered the UK using a spouse visa on the rules prior to August 2012.

At the back end of 2014 we had to renew the original visa using FLR(M) but retained the two year route

We are now in a position to apply for ILR as my Wife has completed KOLL and obtained B1 in English Speaking & Listening

I'm confused by the 2 year probation and whether it has restarted on renewal, so my question is:

Can we apply now or do we have to wait for 28 days prior to expiry of the renewal i.e. circa Sept 2016?

My gut feel is that we can apply now and the 2 year probation was passed on concluding the initial spouse visa. Am I correct?

Thanks in advance

JR

[wooloomooloo]

Your wife can apply for ILR now, Jonny.

Also bear in mind that your wife can apply for citizenship at the three year mark, i.e. three years after her arrival in the UK, though only once she has gained ILR.

Edited May 3, 2015 by wooloomooloo

[JonnyReece]

Thanks for the response, its a relief to have it confirmed and for the added note

Cheers

JR

[wooloomooloo]

It's going to be expensive time if your wife applies for ILR then citizenship in quick succession, but, if it were us, we'd get it all over and done with before the rules change for the worst, Jonny. You just never know.

[JonnyReece]

It's going to be expensive time if your wife applies for ILR then citizenship in quick succession, but, if it were us, we'd get it all over and done with before the rules change for the worst, Jonny. You just never know.

Exactly! Not willing to chance changes following this weeks election.

[wooloomooloo]

Anyway, congratulations to you both on your wife achieving the grade in LitUK and B1, Jonny.

I'm not a party as to the reasons why your wife applied for FLR but I retain a great deal of respect for those who just get on with the study and ultimately achieve their goals.

My wife and I were very proud when attending her citizenship ceremony last November and her British passport dropping through the post two months later was the icing on the cake.

Life's so much easier now.

[JonnyReece]

Anyway, congratulations to you both on your wife achieving the grade in LitUK and B1, Jonny.

I'm not a party as to the reasons why your wife applied for FLR but I retain a great deal of respect for those who just get on with the study and ultimately achieve their goals.

My wife and I were very proud when attending her citizenship ceremony last November and her British passport dropping through the post two months later was the icing on the cake.

Life's so much easier now.

Thanks, that's kind of you and congratulations to you and your wife too.

Edited May 4, 2015 by JonnyReece

[7by7]

Also bear in mind that your wife can apply for citizenship at the three year mark, i.e. three years after her arrival in the UK, though only once she has gained ILR.

The full residential qualification for naturalisation as British if the spouse or civil partner of a British citizen is:-

• no time restriction on your stay in the UK, i.e. hold ILR or the equivalent,
• legally in the UK on the exact date three years prior to UKVI receiving the application, the type of visa at that time doesn't matter, and
• spent no more than 270 days in total out of the UK during the three years prior to the application, with no more than 90 days in the final year.

There is some flexibility on that last point, with absences up to 300 days over the three years and 100 days in the final year usually being disregarded with absences in excess of this being allowed depending on the circumstances, e.g. accompanying your British spouse while s/he worked abroad.

The other requirements for naturalisation are:-

• aged 18 or over (this doesn't mean those under 18 can't apply for British citizenship, see first link below),
• of sound mind,
• of good character, i.e. you don’t have a serious or recent criminal record and
• satisfied KoLL, though having done so for ILR you don't need to do it again for naturalisation; the same passes can be used again.

See British citizenship basics for more details and Become a British citizen for how to apply.

Although it will cost a bit more (for how much more, check with your local authority), I recommend using the Nationality Checking Service.

The local authority will ensure that your form is correctly completed, and they will copy your documents and return them to you. They will ensure that your application is validly submitted and the requirements for citizenship are met. They will not give you nationality advice.

[bobrussell]

As my sister-in-law has just passed her KoLL at the second attempt and unlikely to have any difficulties with the B1 requirement, I have pushed her to get on with her naturalisation in case the UKVI fees are bumped up further as an easy target following the election.

Hopefully the new 'government' will be in turmoil for some time and immigration hopefully temporarily sidelined, I would hope there are no immediate knee jerk reactions.