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After Naturalisation - Few Questions

Posted: Mon Feb 15, 2016 1:31 pm
by jigars143
Dear Members,

I am applying for my naturalisation this week. I have a few questions regarding the stuff I am planning for afterwards. The background of my case is that I am only son of my parents who live alone in Pakistan.
As it is literally impossible for me to call them over to live with me I am planning to move from the UK. My son 1 yr old is British Citizen but my wife is on her 1st extension of FLR(M) and due 2nd extension in 2017. The questions are below:

1. As soon as I get my British Passport, is there any sort of restrictions for me to stay within UK? I am planning to move to UAE side so at least my parents will be with me.

2. If I plan to move back to UK in few years time, how will this affect us with my Wife's visa...Will she get FLR(M) again and start all over again as she will be out for a few years...

3. When I get my British Citizenship...can I apply for my Wife's ILR after she actually has three years in the UK? She arrived in July 2013. To Put in simple words...If I have British Citizenship in July 2016 when she can have her ILR?

We are just worried because there is no one with my parents and want to ensure the best possible way for us....

Please advice

Re: After Naturalisation - Few Questions

Posted: Mon Feb 15, 2016 1:35 pm
by CR001
1. As soon as I get my British Passport, is there any sort of restrictions for me to stay within UK? I am planning to move to UAE side so at least my parents will be with me.
No
2. If I plan to move back to UK in few years time, how will this affect us with my Wife's visa...Will she get FLR(M) again and start all over again as she will be out for a few years...
She will have to start from scratch again and will have to meet whatever the requirements are at that time for a spouse visa.
3. When I get my British Citizenship...can I apply for my Wife's ILR after she actually has three years in the UK? She arrived in July 2013. To Put in simple words...If I have British Citizenship in July 2016 when she can have her ILR?
No, she needs 5 years residence before she can get ILR if she applied/was granted a spouse visa AFTER 9th July 2012. She will only qualify for ILR in 2018 but once she has ILR, she would be able to apply for citizenship immediately without having to wait 12 months.

Re: After Naturalisation - Few Questions

Posted: Mon Feb 15, 2016 1:54 pm
by jigars143
Thank you CRO01 as always for such a quick response...Just a quick question....

1) How long my wife can stay out of country in a given year?

2) If she goes in August this year for 90 days when can she go next?

Probably it is in our best interest that we keep going to Pakistan one by one until 2018 when she gets her citizenship?

Many thanks

Re: After Naturalisation - Few Questions

Posted: Mon Feb 15, 2016 1:56 pm
by CR001
There is not absence limit for spouse visa holders although absences should be limited and for good reason.

For ILR, she will only have to declare absences of 180 days or more.

Re: After Naturalisation - Few Questions

Posted: Tue Feb 16, 2016 5:16 pm
by jigars143
Hi CRO01,

One more question on this...

Once my wife has ILR, she will be entitled to citizenship straight away...will any absences of more than 180 in a calendar year matter (if we give a valid reason)

Also, how do Home Office Calculate absences...for example if she is abroad for 180 days from September 2016 to February 2017 will she be allowed another 180 days after February 2018?

Hope this makes sense....

Thanks for your help in advance.

Re: After Naturalisation - Few Questions

Posted: Tue Feb 16, 2016 5:26 pm
by CR001
The absences for citizenship are very different to ILR. Do not confuse the two. ILR and citizenship are different laws/rules.

For citizenship, if she applies on the basis of 3 years spouse of BC, the absence limits are no more than 270 day in the 3 years immediately before application and no more than 90 days absence in the 12 months immediately before application.

She also needs to make sure that she was physically present on the exact same day (3 years ago) to the date that she submits her application.

Suggest you concentrate on her current visa process and getting her ILR first. Any of the rules can change and what I have said above is relevant to the rules as they are now.

Citizenship Eligibility

Posted: Thu Apr 21, 2016 7:12 am
by jigars143
Dear Mwmbers,

Just a quick question. I have now been granted british citizenship and my ceremony is in May after which I will apply for my passport.

My question is that my wife who came 3 years ago in June 2013... will she be eligible for british nationality/ILR soon after i have got mine? As she will be here for 3 years. She is currently on FLR(M)

Your help is always appreciated.
Thanks

Re: Citizenship Eligibility

Posted: Thu Apr 21, 2016 7:36 am
by secret.simon
jigars143 wrote:My question is that my wife who came 3 years ago in June 2013... will she be eligible for british nationality/ILR soon after i have got mine? As she will be here for 3 years. She is currently on FLR(M)
No, because ILR is a requirement to apply for citizenship and ILR is only possible after 5 years (with the exception of people who applied before July 2012). Once she gets ILR, she can immediately apply for citizenship (provided you are a British citizen by then).

Re: Citizenship Eligibility

Posted: Thu Apr 21, 2016 9:30 am
by CR001
Your spouse is on a 5 year route to ILR from the date that she switched to FLR(M) because you applied for ILR based on 10 years long residence. There is not quicker route for her, she will need 2 x 2.5 year FLR(M) visas before she can apply for ILR. If she applied on FLR(M) in 2015, she will only qualify for ILR based on FLR(M) in 2020.
by jigars143 ยป Thu Feb 12, 2015 9:36 am

At last received the documents. Post office tried delivering them yesterday but I wasn't home. Just got them from them now.

My Time line is below:
Application sent: 28/10/2014
Biometric received: 19/11/2014
Biometric enrolled :20/11/2014
Decision Date: 07/02/2015
Doc Return: 11/02/2015
Biometrics Card: awaiting

Thanks to all in this forum for your kind help and useful info