spouse of British Citizen (Previous ILR Through Tier 1 G))

[ilr84]

Hi,

I would like to confirm 2 things.

Now i am a british citizen, before i got the ILR based upon Tier 1 G(3+2). I initially got Tier 1 in 2010

my wife came to UK in May 2012

we both got ILR in June 2015. but after that my wife went to pakistan for almost 4 months.and came back in May 2016.

Now 2 things i would like to Confirm are

1. when she got ILR she did a course for English language that was in previous list now the list has been updated so i think her previous course will suffice? Correct?

2. when can she apply for british citizenship, i think there two options
(i) next year in May 2017 , as her 5 years completes in May 2017. and her 1 year without any absence will be completed as well.

(ii) she applies, as a british citizen in OCT 2017 when i got British.


am i right on both options or not?

Thanks.

[WR1]

1. If the English B1 test was used for ILR after 28 October 2013 then it is fine to use again for BC.

2. As a spouse of a BC your wife is eligible to apply after 3 years residence. There is no requirement to wait 1 year after ILR or you obtaining BC either. However the absence maybe an issue since you after only allowed 90 days in the last 12 months. I don't know if there is any discretion with this, wait till others have advised but my opinion is to wait until the absence falls below the 90 day threshold before applying (and of course less than 270 days in the last 3 years).

[ilr84]

Thanks very much for the reply

[quote="WR1"]1. If the English B1 test was used for ILR after 28 October 2013 then it is fine to use again for BC.
Yes it was used in June 2015, so it means she doesn't have to do it


2. she came in the UK in MAY 2012, so 5 years will complete in May 2017. so i think she can apply for BC under this rule as she was only absent for 127 days.

in May 2017 .. this requirement will be fulfilled that Last one year no more than 90 days absence.
+ This requirement will also be fulfilled no absence more than 270 days in last 3 years.

Right?

[WR1]

As long as absense in the last 12 months is below 90 days (and below 270 in the last 3 Years), you maybe able to apply sooner than May 2017. I would estimate it could be around March-April 2017 (can't state exact date without knowing specific days outside of the UK).

Just count backwards the date from when you want to apply and ensure it falls belows 90 days in the last 12 months (so the absence can be 89 days in last 12 months).

[ilr84]

Yes very good point thanks WR1.

she visited pakistan 16 Jan 2016 till 9th May 2016.
Total Absence = 115 Days

so she can apply around 1st week of Feb 2017 ? Right ? i have left almost a week Gap to be in a safe position.

[WR1]

Assuming those are the only absences, I would say around mid-Feb 2017 would be the ideal time to apply. This ensures the absences are below the 90 day threshold in the last 12 months (as well as being below 270 days in the last 3 years).

One additional benefit is that you also escape the application fee increase which normally occurs around April time (happened in March this year) if you were to apply in Feb 2017 rather than in May 2017. The fee increased from £1005 to £1236 this year and I would expect similar levels of increase again around March-April 2017.

[CR001]

You also need to make sure that on the date that your wife applies in Feb 2017, that she was also physically present in the UK on the exact same date in 2014, the start of the 3 year qualifying period.

[prince_no1]

Thanks WR1 and CROO1,

Yes these are the only absences in last 5 years.

which form do we have to fill ? is it different for BC spouse or the same AN form?

[CR001]

Why are you posting under two different user names : prince_no1 and ilr84? This is against the forum T&Cs. Decide which one you wish to keep and the other will be disabled.

There are actually a number of usernames associated with your IP address. Have you registered multiple ID's? This is a serious breach of the forum rules and can result in a ban on ALL usernames associated with your IP.

[ilr84]

Why are you posting under two different user names : prince_no1 and ilr84? This is against the forum T&Cs. Decide which one you wish to keep and the other will be disabled.

There are actually a number of usernames associated with your IP address. Have you registered multiple ID's? This is a serious breach of the forum rules and can result in a ban on ALL usernames associated with your IP.

I already have emailed the administrator but its been more than 1 month i didn't get any reply yet, i work in a company who has private IP address, that is company name removed its a huge company, so when we use their network all our IP addresses are going to be same. you can delete whatever other IDs you want to But this is mine. and i do get problems to sign in, as soon as i try to change my password it does't work and says contact administrator, so at the moment i am using the random password that was emailed to me. i can't change it.

yes before my id was prince_no1 but i can''t log in with that ID, as i get the message to contact administrator, so i created the otherone because my previous ID was giving me problems to log in, the previous reply i made from a computer where i have used that ID a long time ago and it was logged in. otherwise manually i cannot use that ID anymore. it doesn't log me in i am unable to understand.

[CR001]

Emailing the administrator won't get you any answers or help. The administrator does not deal with the day to day issues on the forum. There is a specific sub-forum at the bottom of the main forum page to post about problems.

I find it hard to believe that there are in excess of 20 users, all with very small numbers of posts, posting from your exact same IP.

I will disable prince_no1.

[ilr84]

Thanks for letting me know about the sub-forum, i only go to the sections related to me, so do you really think i have enough time to create those 20 users ?

anyhow would you please help me out by answering my last question please.

which form do we have to fill ? is it different for BC spouse or the same AN form?

and do you agree with WR1 conclusion that we should apply in mid Feb 2017?

Thank you.

[CR001]

Form AN for all adults.

Feb 2017 should be fine.

I personally don't know if you have time or not to create numerous ID's. You would be surprised what some 'smarty pants' users do have time to do on the forum!

[ilr84]

Thanks CR001.

[ilr84]

Now its Time to apply but got a problem, my wife's passport has expired last month, is it going to be a problem ?

secondly, when new fees is going to be enforced?

just to confirm if i don't use NCS, i cannot make Joint application with Passport? can i ?

[CR001]

Now its Time to apply but got a problem, my wife's passport has expired last month, is it going to be a problem ? Should be ok, provide other evidence of residence

secondly, when new fees is going to be enforced? Not announced as yet, but usually in April.

just to confirm if i don't use NCS, i cannot make Joint application with Passport? can i ? Correct. Joint application is ONLY possible through NCS and you will also get to keep ALL your original documents.

[ilr84]

i think we have to send the passport to prove other things for example

*Evidence of being freely landed
+ Travel history etc.. (to prove how many days were out of UK)

so Would an expired passport be fine for that?

[CR001]

Yes

[ilr84]

Q 1.23 Please provide details of your english language test
IELTS SELT
Trinity college
SELT unique electroic reference......

should we leave this question blank right? as her test is neither IELTS nor Trinity college . she did PET( Preliminary) test of B1 level.

Again i couldn't post anything from my work as IP is blocked. Now i am using my mobile network.

[CR001]

If ILR was obtained after 28 October 2013, then tick the relevant box that says this in the from.

[ilr84]

Yes i did but that is question 1.22

Just confirming 1.23 i have mentioned above is not applicable in this case correct?

[CR001]

If the requirement was met after 28 October 2013 for ILR, you only need to tick the relevant box. Nothing else needs to be completed.

The guidance notes and booklet are self explanatory.

[ilr84]

Thanks

One more question

If any refree's passport is expired. Is it going to be a problem or not?

[CR001]

No it should not be an issue.