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Naturalization question

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MrsB
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Posts: 1
Joined: Tue Dec 21, 2004 1:20 am
Location: birmingham

Naturalization question

Post by MrsB » Tue Dec 21, 2004 1:50 am

Hi.

I am new to this forum. I don't even understand some of your shortform jargon (except ILR & BC). I have perhaps a complex question.

I am British and my hub is indian. He arrived in the UK on a visit visa in Sept 2000 and stayed about 2 weeks. We got married and then he left. In November 2000 he returned for a week or so and I left with him to permanently live in the middle east where his business was based. We returned to the Uk in Apr 2004 a little short of 4 years. We came to settle here. He has entry clearance.

He wants to apply for BC but does now no longer wish to stay here for 3 years or so as his mother is resident in middle east and he wants to start business there again. Whats the quickest way to apply if at all? Can we leave for 6 months whilst he sets up business and then return and continue settlement hoping that the first period will be taken into account and all the othr shorter periods? is it better to leave for 7 months and return on a leave to enter visa (as by then we will have been married and out of the country for 4 years although not at a continuous stretch) and then immediately apply for ILR and then naturalization (without waiting for the 1 year period) and then BC?

Really stuck. Don't know what step to take next. Please help!

ps my hub has a friend who came here on a WP and got married immediately and within a few months got ILR and now plans to get BC. I feel gutted that we have been married so long and still no passport.

John
Moderator
Posts: 12319
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Dec 21, 2004 2:20 am

Let's just review the requirements. As your husband is married to a British Citizen .... you ... he needs to have been outside the UK no more than 270 days in the three years prior to applying .... also outside the UK no more than 90 days in the one year prior to applying. He must hold ILR (but there is no one year requirement for that).

Also, he must have been physically in the UK exactly three years prior to IND receiving the application.

So on the facts as outlined by you it seems that no application can be submitted before a date in April 2007 at the very earliest, and only then if the 270 day and 90 tests are met.

His current UK visa? A two-year spouse one? That will be converted into ILR near the end of the current visa.

What it comes down to is this. You cannot "donate" your British Citizenship to your husband. You can make the tests easier but he needs to live in the UK for a significant period of time before becoming eligible.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Dec 21, 2004 6:47 pm

Mrs B,

You do not state whether your husband entered the UK on:

1. A two year spousal visa (no recourse to public funds) or

2. Indefinite Leave To Enter the UK - as per an amendment to the immigration rules for spouses/ unmarried partners living/co-habiting 'outside the UK' in a bona fide relationship with a British Citizen (or other right of abode) or ILR status for a minimum of 4 years.

Either way as per comments by my fellow moderator John, naturalisation as a British Citizen has a 'in UK physical residence' requirement. Whilst the Home Secretary has powers to exercise discretion on the residence requirements your case wouldn't with all due respect warrant consideration - your husband has hardly lived in the UK. IMHO there would also be issues around the good character requirement pertaining to 'income tax payment' and 'national insurance contibutions' - does he have a record of either?

Note that if he came into the UK under 1 ( 2yr spousal) then you would need to apply for his ILR 28 days before the visa expires. You are not required to reside in the UK during the entire 2 yr period but the absences would have to be explained. Based on your details and planned return to the Middle East, I fail to see how a caseworker would believe you were 'present' and 'settled' in the UK.

If he came under 2 i.e. ILE then note that absences of more than 2 years (consecutively) from the UK lead to the loss of ILR. Many have tried to circumvent this by short visits to the UK within a 2 yr frame. ILE/ILR holder's must prove to an Immigration Officer every time upon entry into the UK that you are doing such for settlement so it is likely that your luck may run out if you get an IO who digs into your story. Misintepretation of a material fact to facilitate entry into the UK is an offence under the Immigration Acts which coupled with the Home Secretary's new powers to strip ILE/ILR makes this an unworthwhile risk.

The theme here is:

1. If naturalisation is of such importance then being in the UK and participating as required in the general society (rubbing shoulders with the Brits so to say) should be of similar importance.

2. The grant of British Citizenship is a privilege not a right - marriage to a BC leads to a shorter time period to naturalisation but does not guarantee such.

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