Page 1 of 1

Eligible to apply for BC?

Posted: Wed Apr 02, 2014 10:13 am
by Tinkersweets
Hi, hope you can help us, we were wondering if you could advice whether my husband would be eligible to apply for BC, we met a solicitor, he said we were, I guess I am just a bit hesitant and wanted some more advice.
My husband recieves ILR this month, after completing 2 years on a spouse visa. He went back to his country and applied, as his student visa was curtailed. He spent 10 weeks out of the UK.

We have been married actually for 3 years. I am a British Citizen.
My husband actually arrived in the UK 2005 on a student visa, so he has spent about 7 years on it, he was studying then. It was just after our marriage, we had a bit of issues, and by the time we applied for FLRm his course had finished, but he hadnt mentioned this, and therefore, they curtailed it, and was explained easiest to apply for spouse visa from his country.

I am aware that if you are married to a British Citizen, after completing 3 years you can pply for BC, does my husband qualify? I am a bit confused, and hope someone can guide me.

Many Thanks

Re: Eligible to apply for BC?

Posted: Thu Apr 03, 2014 6:29 am
by Jambo
As long as he left the UK on time before his visa expired he will be fine. He doesn't need to be married for 3 years. He needs to be resident in the UK for 3 years.

You can mix different visa periods for naturalisation. You can also use time you didn't have a visa at all as long as the residence period was lawful. If he didn't have a visa but wasn't in the UK, then that period was lawful and does count.

Re: Eligible to apply for BC?

Posted: Fri Apr 04, 2014 9:25 am
by Tinkersweets
Thank-you so much for your advice Jambo, that has really helped. Many Thanks!