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Mercyknight
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Please help me...

Post by Mercyknight » Wed Mar 03, 2010 8:42 pm

Sorry to post in this category but I couldn't decide which category to post in.

I am a British citizen and married to a South African.

She has been here for 6 years initially on a working holiday visa (2 years) and she applied to stay in the UK after that visa expired. The home office declined her staying in the UK but made it clear that she could apply, which she did. It took the Home Office 2 years to deal with the appeal and they declined it again and told her that she should go home so we took it to tribunal and we won our appeal and the Home Office issued a 3 year Limited Leave To Remain which runs out next November.

We were married in last July with after getting our Certificate of Approval. So my dilemma is:

1. Do we apply for her naturalization? She has lived her for 6 years and even though we would argue that she has not broken any immigration rules the Home Office might say otherwise in relation to the appeal?!

2. The other option is to apply for the Spousal Visa?!

Naturalization seems the most obvious option but I don't want to apply and pay the fee and they still decline it.

Really not sure which route to take... any advice would be great.

Mr Rusty
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Post by Mr Rusty » Thu Mar 04, 2010 4:10 am

To qualify for naturalisation as a British Citizen, she must be resident in the UK free of any conditions - i.e., she must apply for Indefinite Leave to Remain first. As the wife of a British citizen who has already had 3 years LTR, she could then apply for naturalisation.

PS - she must also have passed the "Life in the UK" test.

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 1:36 pm

So even though she's been given

Limited Leave to Remain for 3 years, she then has to apply for ILR for another 3 years, and then she can be naturalised!! That seems ridiculous, surely there must be a different approach that can be taken?!

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 1:44 pm

Sounds like that 3 year LTR is Discretionary Leave, you can qualify for ILR with another 3 year LTR, six years in total.
An chéad stad eile Stáisiún Uí Chonghaile....

djb123
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Post by djb123 » Thu Mar 04, 2010 1:45 pm

Mercyknight wrote:So even though she's been given

Limited Leave to Remain for 3 years, she then has to apply for ILR for another 3 years, and then she can be naturalised!! That seems ridiculous, surely there must be a different approach that can be taken?!
Once she gets ILR she can immediately apply for naturalisation, but she definitely needs to get ILR first.

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 1:53 pm

So what are the fees on ILR (I think they're £840)

And naturalization fees?

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 2:00 pm

Mercyknight wrote:So what are the fees on ILR (I think they're £840)

And naturalization fees?
£720 I think, not checked for a while. Plus the KOL test, £35, and the cost of the passport £75, all mounts up!

Spouse visa £585, I dunno the cost of extending DL if it is DL, think it's free which is a tad unfair.

Seems the quickest route is, Spouse Visa (£585), two years on that, ILR and Naturalisation at the same time (£1500-ish - eek)
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 2:18 pm

She's currently on 3 Years Leave to Remain which ends November 2011 with no conditions.

Can she just apply for ILR from next year? And then naturalization?

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 2:22 pm

Mercyknight wrote:She's currently on 3 Years Leave to Remain which ends November 2011 with no conditions.

Can she just apply for ILR from next year? And then naturalization?
Not if it's DL. You'll need to confirm that for us, but with it being three years LLTR it does sound like DL, can't think of any other LLTR of three years.
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 2:25 pm

She's on a 3 year Limited Leave to Remain VISA that runs out next year.

Sorry for not being clearer...

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 2:34 pm

Mercyknight wrote:She's on a 3 year Limited Leave to Remain VISA that runs out next year.

Sorry for not being clearer...
Can u scan it - blurring out names, personal data etc?
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 2:52 pm

Image

Hope this helps...

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 2:58 pm

I've just read here:

http://www.ukba.homeoffice.gov.uk/asylu ... ivereview/

That because she was issued this on a Human Rights basis she may have to submit for a review?!

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 3:06 pm

Doesn't really but re-reading the thread I am sure this is DL. In which case u need six years on DL for ILR. Quicker to marry and convert to spouse. If you've cohabited for two years u don't need to marry, but the path to citizenship is longer.

Is this a fair assessment of the timeline?

2004/2006 WHV

2006/Oct 2008 Out of Status

Oct 2008/Oct 2011 LLTR

All points to DL.
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 3:09 pm

We're already married since July last year...

Can't I just apply for a review as stated in the link...?

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 3:23 pm

Mercyknight wrote:We're already married since July last year...

Can't I just apply for a review as stated in the link...?
Why don't you just apply for the spouse visa - quick easy and a well trodden path. DL and such are out of the ordinary type apps and are always difficult.
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 3:32 pm

Yeah but at the end of the day I don't have the money to shell out for a Spouse VISA and if I can simply fill in the application for a review as stated here using this form:

http://www.ukba.homeoffice.gov.uk/sitec ... dlform.pdf

It seems simple enough and on the basis of them granting her 3 year Limited Leave to Remain it seems the best option and it's free! If they extend it for another 3 years she then apply for Naturalisation at the end of it.

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 3:41 pm

Mercyknight wrote:Yeah but at the end of the day I don't have the money to shell out for a Spouse VISA and if I can simply fill in the application for a review as stated here using this form:

http://www.ukba.homeoffice.gov.uk/sitec ... dlform.pdf

It seems simple enough and on the basis of them granting her 3 year Limited Leave to Remain it seems the best option and it's free! If they extend it for another 3 years she then apply for Naturalisation at the end of it.
Sounds like you've already made your mind up so go for it. Still won't make the requirement for ILR go away but remember in three years time ILR won't exist, it's being replaced with probationary citizenship which will take longer and cost more.
An chéad stad eile Stáisiún Uí Chonghaile....

Mercyknight
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Post by Mercyknight » Thu Mar 04, 2010 3:49 pm

I see what you're saying...

I was just posting my thoughts as I read more stuff...sorry.

So with the review could they just give her ILR anyways, or will it just be another 3 years limited leave to remain... I'm a total newbie when it comes to all this...

And what will the new process be in a few years?

Wanderer
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Post by Wanderer » Thu Mar 04, 2010 5:37 pm

Mercyknight wrote:I see what you're saying...

I was just posting my thoughts as I read more stuff...sorry.

So with the review could they just give her ILR anyways, or will it just be another 3 years limited leave to remain... I'm a total newbie when it comes to all this...

And what will the new process be in a few years?
If I where u I'd scrape up the dosh for the Spouse visa, it's really gonna streamline things, with DL u are limbo right till the very end.

No one knows the new requirements for ILR/BC but we know it will have to be 'earned' ie not easy, and will take longer, and cost more knowing UKBA plc.

It's six years on DL for ILR, no question about that - but we are not 100% sure ur missus is on DL, but I am 99% sure..

Think about it, for an extra 600 quid ur missus will be a BC in two years exactly. The whole process will cost 2k I know it's a ripoff but think about what u want and the costs...
An chéad stad eile Stáisiún Uí Chonghaile....

immigrationuk2009
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Post by immigrationuk2009 » Thu Mar 04, 2010 9:47 pm

Hi
Wanderer wrote:
Mercyknight wrote:I see what you're saying...

I was just posting my thoughts as I read more stuff...sorry.

So with the review could they just give her ILR anyways, or will it just be another 3 years limited leave to remain... I'm a total newbie when it comes to all this...

And what will the new process be in a few years?
If I where u I'd scrape up the dosh for the Spouse visa, it's really gonna streamline things, with DL u are limbo right till the very end.

No one knows the new requirements for ILR/BC but we know it will have to be 'earned' ie not easy, and will take longer, and cost more knowing UKBA plc.

It's six years on DL for ILR, no question about that - but we are not 100% sure ur missus is on DL, but I am 99% sure..

Think about it, for an extra 600 quid ur missus will be a BC in two years exactly. The whole process will cost 2k I know it's a ripoff but think about what u want and the costs...

Oh my God..They all complicated this thing..

This is very simple...Ok I explain in simple words..

Your wife has 3 years DL...normally got on human right artcile8..At the end of 3 years you have to apply for an extension of another 3 years DL and at the end of six years you would be able to apply for ILR.

You can not apply for naturalization now as this is not in rules.Once you have ILR then you can apply for Naturalization after exact one year.

But Remember rules are going to change to next year July 2011.

Other solution for your wife is to return her country and apply for spouse visa from oversea...She would be granted 2 years spouse and at the end of two year you would apply for ILR and after one year on ILR you would apply for naturalization.

But my question is rules are going to change next years so what the point going oversea and applying for spouse visa.

You should be fine with this current 3 years Visa


Good Luck

UK_Banned_Member
Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


UK_Banned_Member

mochyn
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Post by mochyn » Fri Mar 05, 2010 1:37 am

I would agree with Wanderer.
Since the rules are being changed and as from July 2011 the fact that your wife has a spousal visa would put her in a MUCH stronger position if she carries on the process to remain in this country.
The uncertainty of her DL would be removed

immigrationuk2009
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Post by immigrationuk2009 » Fri Mar 05, 2010 2:54 pm

Hi Mochyn
mochyn wrote:I would agree with Wanderer.
Since the rules are being changed and as from July 2011 the fact that your wife has a spousal visa would put her in a MUCH stronger position if she carries on the process to remain in this country.
The uncertainty of her DL would be removed

I dont know what are you talking.
You have no read my last post and you dont know what rules are changing with proper reference.How told you DL rules are going to change.

Dont talk without and reference.

UK_Banned_Member
Please always seek legal advise from OSIC consultant or immigration solicitor.These are my personal views gain through experience or study.


UK_Banned_Member

Wanderer
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Post by Wanderer » Fri Mar 05, 2010 3:23 pm

immigrationuk2009 wrote:Hi Mochyn
mochyn wrote:I would agree with Wanderer.
Since the rules are being changed and as from July 2011 the fact that your wife has a spousal visa would put her in a MUCH stronger position if she carries on the process to remain in this country.
The uncertainty of her DL would be removed

I dont know what are you talking.
You have no read my last post and you dont know what rules are changing with proper reference.How told you DL rules are going to change.

Dont talk without and reference.

UK_Banned_Member
No one said DL rules are about to change, but the ILR rules will by the time the OP's spouse has served the six years on DL....

Better go to Spec-saver...
An chéad stad eile Stáisiún Uí Chonghaile....

mochyn
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Post by mochyn » Fri Mar 05, 2010 3:27 pm

IMMIGRATIONUK2009
Obviously you do not understand the English Language very well which is apparent from your postings and have no concept of nuances
Your posts are discombobulating at best and are disingenuous and pretentious

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