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British Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

ride_withme
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British Citizenship

Post by ride_withme » Thu Sep 19, 2019 6:35 pm

My husband had overstayed his student visa, returned back voluntarily. After that we got married ( I am British ) and he returned back to the UK on spouse visa in 2011. After that he was issued with Indefinite Leave to Remain in 2013. Could someone advice me on when he can apply for British Citizenship please. I would very much appreciate your help.

secret.simon
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Re: British Citizenship

Post by secret.simon » Thu Sep 19, 2019 6:38 pm

10 years after he ceased being illegal in the UK (i.e. when he left the UK after his overstay).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ride_withme
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Re: British Citizenship

Post by ride_withme » Thu Sep 19, 2019 6:54 pm

Thank you for the reply.
He returned back in 2010 and wasn’t granted spouse visa till 2011, so does that mean he can apply next year I.e 2020...??

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Re: British Citizenship

Post by mrsabih » Thu Sep 19, 2019 7:26 pm

you are british and after getting ILR he is able to apply british citizenship straight away
Do good and get reward

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CR001
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Re: British Citizenship

Post by CR001 » Thu Sep 19, 2019 7:31 pm

mrsabih wrote:
Thu Sep 19, 2019 7:26 pm
you are british and after getting ILR he is able to apply british citizenship straight away
No, not if there is a period of illegal stay or overstay in the 10 years prior to applying. He will fail the good character requirement!! A spouse of a British citizen is not exempt from the good character requirement or given any special treatment or consideration.
Char (CR001 not Casa)
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ride_withme
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Re: British Citizenship

Post by ride_withme » Fri Sep 20, 2019 6:36 pm

Hi thank you for the feedback.
Also what the process of applying as in what are the requirements and I am thinking that he can apply next year. Please advice.

ride_withme
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Re: British Citizenship

Post by ride_withme » Fri Sep 20, 2019 8:51 pm

Sorry am I posting in the wrong forum as haven’t had any reply on my query....if so can someone guide me please

ride_withme
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Re: British Citizenship

Post by ride_withme » Sat Sep 21, 2019 7:16 pm

Hello everyone, any feedback on my inquiry. Or is there anyone who could guide us please

ride_withme
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Re: British Citizenship

Post by ride_withme » Sat Sep 21, 2019 7:17 pm

Hello everyone, any feedback on my inquiry. Or is there anyone who could guide us please

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Casa
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Re: British Citizenship

Post by Casa » Sat Sep 21, 2019 7:41 pm

What residence status did he have between the date he entered the UK in 2010 and when he was issued with a Spouse visa in 2011 :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ride_withme
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Re: British Citizenship

Post by ride_withme » Sat Sep 21, 2019 8:25 pm

He had student visa which he overstated but then He returned back to his country voluntarily in 2010, then we got married after which he was granted spouse visa in 2011 after which he came back to the UK. And then was granted ILR in 2013.

ride_withme
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Re: British Citizenship

Post by ride_withme » Sat Sep 21, 2019 8:29 pm

Casa wrote:
Sat Sep 21, 2019 7:41 pm
What residence status did he have between the date he entered the UK in 2010 and when he was issued with a Spouse visa in 2011 :?:
Hi Casa.... I actually remember you as you helped me with advice back in 2010 when we were planning on applying for my husband’s spouse visa.
Thank you again

xavieryves
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Re: British Citizenship

Post by xavieryves » Sun Sep 22, 2019 3:42 am

You are saying conflicting and confusing dates! You did not answer what Casa has asked. It's impossible to help you without a clear picture. Did he come back in 2010 or 2011? When he came back, did he come back on the grounds of being your spouse? If not, what was his Visa status on his return before getting a spousal visa?

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 8:36 am

Ok....He came to the UK in 2003 on student visa, which ran out it 2007 ......he overstayed in the UK till 2010 and returned back voluntarily to his home country in 2010.....we then got married in his home country in 2010 and then applied for his spouse visa from there....his spouse visa was issued in 2011 and that’s when he came back to the UK....( so he did not need any visa from 2010 to 2011 as he was in his home country)....then we applied for his ILR which was granted to him in 2013.....
We need some advice on when we can apply for British Citizenship and what is the process and requirements for the same....does he need to do any English test as he already did do the Life In The UK test when applying for ILR.....!!!

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 8:48 am

xavieryves wrote:
Sun Sep 22, 2019 3:42 am
You are saying conflicting and confusing dates! You did not answer what Casa has asked. It's impossible to help you without a clear picture. Did he come back in 2010 or 2011? When he came back, did he come back on the grounds of being your spouse? If not, what was his Visa status on his return before getting a spousal visa?
He came back in 2011....he came back on spouse visa
He did not need any visa before his return as he was in his home country....hope that explains

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 11:11 am

Casa wrote:
Sat Sep 21, 2019 7:41 pm
What residence status did he have between the date he entered the UK in 2010 and when he was issued with a Spouse visa in 2011 :?:
Ok....He came to the UK in 2003 on student visa, which ran out it 2007 ......he overstayed in the UK till 2010 and returned back voluntarily to his home country in 2010.....we then got married in his home country in 2010 and then applied for his spouse visa from there....his spouse visa was issued in 2011 and that’s when he came back to the UK....( so he did not need any visa from 2010 to 2011 as he was in his home country)....then we applied for his ILR which was granted to him in 2013.....
We need some advice on when we can apply for British Citizenship and what is the process and requirements for the same....does he need to do any English test as he already did do the Life In The UK test when applying for ILR.....!!!

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Re: British Citizenship

Post by CR001 » Sun Sep 22, 2019 12:17 pm

You have been asked more than once for exact dates. Simply stating 2010 or 2011 doesn't say anything, we cannot guess the dates in a 12 or 24 month range.
Char (CR001 not Casa)
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Casa
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Re: British Citizenship

Post by Casa » Sun Sep 22, 2019 12:23 pm

secret.simon wrote:
Thu Sep 19, 2019 6:38 pm
10 years after he ceased being illegal in the UK (i.e. when he left the UK after his overstay).
As advised above. He appears to be clear to apply in 2020, assuming he submits the application no earlier than reaching the 10 year period following his departure from the UK and also meets all the standard requirements.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 1:03 pm

CR001 wrote:
Sun Sep 22, 2019 12:17 pm
You have been asked more than once for exact dates. Simply stating 2010 or 2011 doesn't say anything, we cannot guess the dates in a 12 or 24 month range.
1 Sept 2010 is when he voluntarily went back to his homeland after overstaying
3 Oct 2011 is when he was issued with Spouse visa and he came back to the UK on the 6th Oct 2011
Got issued with ILR in Oct 2013...
Hope that’s enough....!!!

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 1:05 pm

Casa wrote:
Sun Sep 22, 2019 12:23 pm
secret.simon wrote:
Thu Sep 19, 2019 6:38 pm
10 years after he ceased being illegal in the UK (i.e. when he left the UK after his overstay).
As advised above. He appears to be clear to apply in 2020, assuming he submits the application no earlier than reaching the 10 year period following his departure from the UK and also meets all the standard requirements.
Thank you Casa....
Also what are the requirements for the same and the application process please

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 1:06 pm

Hi Casa
Also these are the exact dates, sorry didn’t have them to hand
1 Sept 2010 is when he voluntarily went back to his homeland after overstaying
3 Oct 2011 is when he was issued with Spouse visa and he came back to the UK on the 6th Oct 2011
Got issued with ILR in Oct 2013...
Hope that’s enough....!!!

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Casa
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Re: British Citizenship

Post by Casa » Sun Sep 22, 2019 2:10 pm

In which case, he should be able to apply for BC from October 2020.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 2:11 pm

Thanks Casa....
Could you tell me what requirements are there as well please

ride_withme
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Re: British Citizenship

Post by ride_withme » Sun Sep 22, 2019 2:12 pm

Casa wrote:
Sun Sep 22, 2019 2:10 pm
In which case, he should be able to apply for BC from October 2020.
Thanks Casa....
Could you tell me what requirements are there as well please

xavieryves
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Re: British Citizenship

Post by xavieryves » Sun Sep 22, 2019 3:24 pm

He can apply online using form AN. Please read this guide it will tell you the requirements:

https://assets.publishing.service.gov.u ... ooklet.pdf

Also you asked above, as well as the Life in the UK he would need a degree taught or researched in English or at least B1 level English qualification if he's not from the Nationalities that are exempt:

https://www.gov.uk/english-language

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