RESIDENTIAL QUALIFYING PERIOD (SPOUSE OF BRITISH CITIZEN)

I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

any reason why you wrote your entire post in CAPITAL letters??!?

I am guessing here but visiting does not constitute 'living' here which is what the guidance booklet says - living.

ola4action wrote:I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

Any time legally here in the UK should be able to be used providing you we're not exempt from immigration control. So providing you were a legal visitor this should be ok. Remember if you're a spouse/civil p of a British citizen then you must have been present in the UK 3 years before the HO receive your application as well as the other requirements including having being settled (ILR in your case).

niteshj wrote:any reason why you wrote your entire post in CAPITAL letters??!?

I am guessing here but visiting does not constitute 'living' here which is what the guidance booklet says - living.

Thanks for your response.

No significant reason for the caps, started typing before I realized I was using caps, decided to leave it.

How do you interpret this then?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Please note Paragraph 2 (2.3)

Physical presence here is normally sufficient for the purpose of the
Act. The applicant does not have to have been ordinarily resident or
domiciled here. Normally, an applicant is to be regarded as present in
the United Kingdom unless physically absent; but in certain
circumstances, the Act requires periods of physical presence to be
treated as absences (see paragraph 9 below).

D4109125 wrote:

ola4action wrote:I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

Any time legally here in the UK should be able to be used providing you we're not exempt from immigration control. So providing you were a legal visitor this should be ok. Remember if you're a spouse/civil p of a British citizen then you must have been present in the UK 3 years before the HO receive your application as well as the other requirements including having being settled (ILR in your case).

Thanks.

My view is same as the one you expressed but I need to be very sure, as the Nationality Checking Service (NCS) people do not share this view, at least in the three councils I have telephoned.

ola4action wrote:

D4109125 wrote:

ola4action wrote:I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

Any time legally here in the UK should be able to be used providing you we're not exempt from immigration control. So providing you were a legal visitor this should be ok. Remember if you're a spouse/civil p of a British citizen then you must have been present in the UK 3 years before the HO receive your application as well as the other requirements including having being settled (ILR in your case).

Thanks.

My view is same as the one you expressed but I need to be very sure, as the Nationality Checking Service (NCS) people do not share this view, at least in the three councils I have telephoned.

Well you need to ask them for a reference as to where it states that a visitor visa is classed as exempt of immigration control, because you most certainly are not exempt. The fact that you were present in the UK, legally at that point is what counts. See http://talk.uk-yankee.com/index.php?topic=77616.0 for some people who applied without issue. Have you asked the NCS to ring the ukba as they have a dedicated advice line?

D4109125 wrote:

ola4action wrote:

D4109125 wrote:

ola4action wrote:I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

Any time legally here in the UK should be able to be used providing you we're not exempt from immigration control. So providing you were a legal visitor this should be ok. Remember if you're a spouse/civil p of a British citizen then you must have been present in the UK 3 years before the HO receive your application as well as the other requirements including having being settled (ILR in your case).

Thanks.

My view is same as the one you expressed but I need to be very sure, as the Nationality Checking Service (NCS) people do not share this view, at least in the three councils I have telephoned.

Well you need to ask them for a reference as to where it states that a visitor visa is classed as exempt of immigration control, because you most certainly are not exempt. The fact that you were present in the UK, legally at that point is what counts. See http://talk.uk-yankee.com/index.php?topic=77616.0 for some people who applied without issue. Have you asked the NCS to ring the ukba as they have a dedicated advice line?

Thanks once again.

Just checked it out and the confirms my view and my interpretation of:

Paragraph 2 (2.3)

Physical presence here is normally sufficient for the purpose of the
Act. The applicant does not have to have been ordinarily resident or
domiciled here. Normally, an applicant is to be regarded as present in
the United Kingdom unless physically absent; but in certain
circumstances, the Act requires periods of physical presence to be
treated as absences (see paragraph 9 below).

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I wonder if we have people who have applied using their time as visitors as part of the Residential Qualifying Period on this site. Kindly share your experiences please.

I wonder if we have people who have applied for naturalization using their time as visitors as part of the Residential Qualifying Period on this site. Kindly share your experiences please.

God Bless.

ola4action wrote:I WOULD APPRECIATE IF GOOD PEOPLE HERE CAN SHED MORE LIGHT ON THE RESIDENTIAL QUALIFYING PERIOD.

I WAS A VISITOR IN THE UK FROM FEB 15 2010 TO JUNE 10 2010

GOT SPOUSE VISA AND ARRIVED BACK SEPT 10 2010

GOT ILR SEPT 7 2012

BEEN IN THE UK SINCE SEPT 2010 (I HAVE NOT TRAVEL OUTSIDE THE UK)


QUESTION: I'M I ELIGIBLE TO APPLY FOR NATURALIZATION USING MY TIME AS A VISITOR AS PART OF MY RESIDENTIAL QUALIFYING PERIOD?

THE NATURALIZATION CHECKING SERVICE PEOPLE DON'T SEEM TO AGREE WITH ME.

I NEED YOU HELP PLEASE.

GOD BLESS.

UPDATE

Eligibility criteria: Spouse Visa+ILR (3yrs Physical Presence)

Method of application: NCS Islington

Date of application: 02/05/2013

Date of receipt by UKBA: 03/05/2013

Date of debit of fees: 09/05/2013

Date of acknowledgement : 15/05/2013 (Dated 09/05/2013)

Date of approval: 31/05/2013 (Dated 25/05/2013)

Date of Ceremony: 10/06/2013


I'd like to let members know that part of my Visiting Visa counted towards my 3 year residency as I got ILR in September 2012. It is physical presence that really matters (if you are a British Spouse) provided all other regulations are followed.

Thanks to D4109125 and everyone who has made positive contributions on this site

Wish you all the very best!!!

Congratulations.

By the way, its the physical presence that matter even if you don't have a British Spouse.