Residential Period for Naturalisation

[MPH80]

Hi,

I've asked a similar question to this for SET(M) - but I thought I should check this one too.

My (now) wife arrived in Jan 2008 on fiancee visa and converted to FLR(M) in Apr 2008. She'll apply for SET(M) in Apr 2010 as she's allowed and then at some point the following year probably go for citizenship.

My question is - given there is this on the Border Agency website:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period);

http://www.bia.homeoffice.gov.uk/britis ... ofcitizen/

Does that mean that her qualifying period starts from the Jan 2008 date or the the Apr 2008 date? Both visas were settlement ... so I presume it's the Jan date ... I just want to check! I realise it's only 4 months - but it does affect our saving plans and travel plans etc.

M.

[John]

I think the easiest way of looking at this is that she needs to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

Accordingly, based upon what you have posted, it looks like she will be able to apply sometime in January 2011.

Both visas were settlement

Why are you trying to invent a requirement that is not there? Why are you presuming that only time in the UK on a settlement visa counts?

Prior to arriving on the fiancee visa in January 2008, was she (legally) in the UK at any time, in the period from say April 2007 to when she arrived on the finacee visa in January 2008? If yes, please give details.

[MPH80]

Prior to arriving on the fiancee visa in January 2008, was she (legally) in the UK at any time, in the period from say April 2007 to when she arrived on the finacee visa in January 2008? If yes, please give details.

Only as a visitor ... not resident. She bounced in and out quite a bit in the year before, and a couple of times the years before that.

Why are you trying to invent a requirement that is not there? Why are you presuming that only time in the UK on a settlement visa counts?

Mainly because of the SET(M) requirement that means you need to have been here as the spouse/partner for 2 years, but being a fiancee doesn't count. So - in our case - she can't apply for the SET(M) in Jan 2010 despite having been resident here for 2 years at that point.

I wanted to check that the requirement was simply 'resident' - not 'resident as a spouse'.

M.

[John]

Only as a visitor ... not resident. She bounced in and out quite a bit in the year before, and a couple of times the years before that.

So why don't you give us the dates when in the UK? They are relevant, and she could well be permitted to apply for Naturalisation well before January 2011. So again, when was she in the UK in the period April 2007 to January 2008?

Mainly because of the SET(M) requirement that means you need to have been here as the spouse/partner for 2 years .....

You are confusing the requirements for ILR, and those for Naturalisation. As regards when ILR can be applied for, the earliest date is 28 days before the expiry of her current spouse visa, and the latest date is of course the date of expiry of that spouse visa.

But it is as regards Naturalisation that you are still inventing requirements that are not actually there. And not sure where you have got your idea from. One of the requirements is, when in the UK, to have been "legal" at all times in the 3-year qualifying period. In that particular test, there is no requirement for the visa to have been of a particular type.

So again, dates of visits to the UK in the period April 2007 to January 2008?

[MPH80]

So why don't you give us the dates when in the UK? They are relevant, and she could well be permitted to apply for Naturalisation well before January 2011.

Primarily because she was here as a visitor, not a resident - and given the wording was clearly 'resident' I (perhaps wrongly) assumed it wasn't relevant.

So again, when was she in the UK in the period April 2007 to January 2008?

Ok - off the top of my head - March 2007 - 3 weeks visit (possibly leading into April 2007), June 2007 - 4 week visit, October -> Mid December 2007 - ~8 week visit, then she arrived Jan 20th 2008 on the fiancee visa.

You are confusing the requirements for ILR, and those for Naturalisation. As regards when ILR can be applied for, the earliest date is 28 days before the expiry of her current spouse visa, and the latest date is of course the date of expiry of that spouse visa.

But it is as regards Naturalisation that you are still inventing requirements that are not actually there. And not sure where you have got your idea from. One of the requirements is, when in the UK, to have been "legal" at all times in the 3-year qualifying period. In that particular test, there is no requirement for the visa to have been of a particular type.

Fair enough - I believed, given what was written on the BIA website, that the visa had to be of a settlement type! I am simply trying to make sure I get this right.

The only, potential, issue with going back to April 2007 is us bumping up against the 270 absence limit. Some rough calculations off the top of my head has her at about ~210 days absent from then to date. I'd have to get her diary and passport tonight to check the right numbers. But in theory, given we both work full time (and get 25 days holiday - which ~1/2 will be spent abroad) - we should come in under.

M.

[John]

The only, potential, issue with going back to April 2007 is us bumping up against the 270 absence limit

Spot on, that is exactly the issue, and you need to do specific day counts. But I suspect, at the very least, given the short period between when she left mid December 2007 and when she arrived back on her fiancee visa on 20.01.08, that she might well be OK to apply for Naturalisation sometime in October 2010 .... after the 3rd anniversary of her arriving for the visit in October 2007.

It is more problematic whether the 4-week visit in June 2007 would trigger a possible application. But worth doing the day count.

[MPH80]

Thank you John,

I wouldn't have guessed that being here on a visitor visa would could towards a residency period for the purpose of citizenship.

M.

[John]

As regards that particular test, any "legal" time in the UK is OK, even time as a visitor. The important thing to ensure, because UKBA have no discretion about this particular test, is that she was physically in the UK exactly 3 years before UKBA receive the Naturalisation.

[MPH80]

As regards that particular test, any "legal" time in the UK is OK, even time as a visitor. The important thing to ensure, because UKBA have no discretion about this particular test, is that she was physically in the UK exactly 3 years before UKBA receive the Naturalisation.

Fascinating - I'd spotted that 'exactly' bit already - but figured if we aimed for a Jan 2011 application we'd be fine. If we can apply earlier - that's great.

[MPH80]

Just one more quick thank you for John.

We've done the maths now and worked out the application dates and validity dates.

It looks like we can squeeze it all in through March/April if we go down the PEO route for the ILR (and get the appointment as early into the 28 days before as possible) and my wife currently has 239 days absent from the UK if we follow that to get the application in early April for Naturalisation.

Perfect. Thank you.

M.

[MPH80]

Hola one and all,

Just a quick update. We attended NCS Aylesbury yesterday re: my wife's naturalisation.

I went prepared with both the BNA 1981 and the guidance on the residential requirements.

Our lady didn't know about it being merely that you had to be present and her checklist did say "has the person been living in the uk for 3 years".

We had a bit of a discussion and I showed her the guidance and she agreed to forward the application. She did suggest writing some extra notes in the 'any other info' area which we did.

Basically - she said "it's your dime and don't blame me if it doesn't go through". I made it clear I was confident I could contest if we got refused on this point.

In complete fairness to her - at no point did she suggest she knew better or that I was in the wrong - she merely took what I had and read it carefully and let us progress. She was exceptionally nice and willing to listen.

So thanks to John - will update on the timeline thread as and when it all progresses.

M.