ILR for dependant with a broken continious living in UK

[cliftonianbristol]

Hello,

First thanks for all the help here, I managed to get naturalised!
Now it is my wife's turn.
However, she had to break the continous living condition for health reasons about 5 years ago. Now the time has come, and in the past five years [thanks to the pandemic :/], there has been no issues regarding that rule.

I have few quick questions:

1. Does my dependant require a "NARIC letter" confirming her overseas degree?

2. I remember that the application had to be submitted when she was actually in the country exactly 5 years before the application. Is that still the case?

3. Apart from council tax and utility bills, is there any other way to prove cohabitation? We don't have joint bank accounts for example, just Council tax and utility bills.

Thank you.

[zimba]

1. NARIC no longer exists. Apply via Ecctis: https://www.ecctis.com/visasandnationality
2. Such a requirement never existed. That is for British nationality application only, so do not mix stuff up
4. All you need to know about cohabitation evidence

[cliftonianbristol]

Thanks for the direct reply, it seems that I mixed up things. Could you confirm the following please, just to make sure?

1. I was on Tier 1 Exceptional Talent, so I had to confirm my overseas phd. But does my wife need to do that as a dependant? She's american, so doesn't need to prove knowledge of English.

2. When can we apply then? She's been in the UK for about 9 years, but broke the continious living 5 years ago. Here are the dates:
Away until Nov 21, 2019, exceeding the permitted days.
After that, due to the pandemic, we were stuck in the UK anyways.

Can we apply, for example, on Nov 1, 2024? Because counting from Nov 1, 2019, there was no issue whatsoever?

3. Many thanks

[zimba]

1. No, as she is from an English speaking country

2. She will be eligible for ILR within 28 days of completing her 5 years.
However, you better think about the qualifying period by using the possible date of the ILR decision and counting the required qualifying period of 4 years and 11 months backwards. As she does NOT need to have been present in the UK at the start of her period, you may land on a much earlier date than Nov 21, 2019 as the start of her qualifying period (as long as she does not fail the absence limits).

I'd say she is very likely eligible for ILR now, in fact she might have been already eligible in the last few months.

It is all explained here: Applicants can benefit from the date of the ILR decision

[cliftonianbristol]

Thank you. I now completely understand. We'll book the Life in the UK test and apply right away perhaps in mid-October, double checking the dates.

Much helpful, as always.

[cliftonianbristol]

Some quick follow up questions -- as things may have changed since my own ILR application to my wife's ILR application:

- Can the applicant travel to EU after submitting the ILR application? We plan to submit the application in late October, and then travel, and then submit biometrics (along with her passport etc).

- Is SET(O) the correct ILR form for my wife? I was Tier 1 before I've got my ILR and then naturalised.

Any help is much appreciated, thank you.

[zimba]

She should NOT travel after online submission.
SET(O) is correct, choose Tier 1 dependant

Online applications, UKVCAS appointments, eVisa & BRP queries - Read before you post

[cliftonianbristol]

Thanks! I just wanted to double check.

[cliftonianbristol]

One quick question.
We just applied for ILR and work trips are approaching.
Is there still a physical card for ILR? Or is it defined to the passport? Do we have to wait for the physical card to travel internationally?

[CR001]

No brp card and not in the passport as a sticker either.

It is an evisa.

https://www.immigrationboards.com/evisa ... 44686.html

[zimba]

One quick question.
We just applied for ILR and work trips are approaching.
Is there still a physical card for ILR? Or is it defined to the passport? Do we have to wait for the physical card to travel internationally?

Information on eVisas as all BPRs will be phased out from 1st Jan 2025

[cliftonianbristol]

Is it common for the priority service to take longer than 5 work days?
It's been 6 work days for us, and no news? Should we be worried?

[CR001]

What date you submit and pay online and what date did you attend the biometric appointment?

[cliftonianbristol]

Biometric was Nov 29, the application was early Nov.

It is my spouse’s. Priority service. Set(o).

[zimba]

Is it common for the priority service to take longer than 5 work days?
It's been 6 work days for us, and no news? Should we be worried?

Priority service has no guarantees. If a decision cannot be made, then the application is held until it can be decided. This can take a few weeks

[cliftonianbristol]

I see, thank you.

[cliftonianbristol]

It seems that we didn’t hear from Home Office within Priority application timeline.
Is it possible to request a refund for the additional monies we paid for Priority — after we hear from them of course

[zimba]

It seems that we didn’t hear from Home Office within Priority application timeline.
Is it possible to request a refund for the additional monies we paid for Priority — after we hear from them of course

Refunds are given automatically: Immigration and nationality refunds policy

[cliftonianbristol]

Finally, we received the ILR for my wife.
Very happy about it.
Thank you so so much for all your help and patience in answering my questions.
I understand we'll also get an automatic refund for the extra fee of £500 we paid for the priority application. Which is good.

We are now preparing for the naturalisation application.
I searched the forum but couldn't find a direct answer for my question.

Does my wife *now* qualify for the naturalisation application?

I am a naturalised british citizen. My certificate of naturalisation is dated Oct 2021. We've been married since 2015, and resident in the UK since January 2015.
She's married to a British citizen, but to a naturalised one.

We meet the residency requirement and were present in the UK for either case of 3 or 5 year anyways.

What to do?

[CR001]

Please post your citizenship questions in the correct sub forum. These questions are not relevant to your ILR topic or the ILR sub forum. Thanks

https://www.immigrationboards.com/viewforum.php?f=42