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Marriage to a British citizen

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new_to_it_all
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Marriage to a British citizen

Post by new_to_it_all » Wed Mar 23, 2011 12:29 pm

If a person had arrived in UK on a valid visa, eg Tier 1, and got married in UK to a british citizen, then after 2 years of spouse visa and getting ILR he/she can apply immediately for british citizenship if their total presence in UK was at least 3 years?

Or is there some other rule for british citizenship after marrying a british citizen and getting ILR through the spouse visa route?

Also is there any feedback or news whether the COA will actually disappear by end May 2011, or could it drag on longer than that?

Thanks :)

Christophe
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Joined: Tue Jul 04, 2006 4:54 pm

Post by Christophe » Thu Mar 24, 2011 10:24 am

rhian123 wrote:
sushdmehta wrote:If he entered UK for the first time in Feb. 08, then he cannot apply for naturalisation before the 3rd anniversary of the date of entry in Feb. 08.


Thank you for your quick reply, yes he entered UK in feb 08 and ILR was granted march 10' so think as long as he has been here for minimum of three years then we are safe to apply? I had it in my head that for some reason we had to wait for a year after ILR but think I'm just going crazy over dates, many thanks
People who are NOT applying for naturalisation on the basis of marriage to a British citizen have to have held indefinite leave to remain (ILR) for 12 months before applying (in addition to fulfilling the other criteria).

For a person who is married to a British citizen and applying on that basis, it is not required that ILR has been held for a year before applying — it is sufficient that ILR be held on the day of application (again, of course, as long as all the other criteria are met).

new_to_it_all
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Joined: Thu Dec 02, 2010 9:38 pm

Post by new_to_it_all » Thu Mar 24, 2011 10:36 am

Thanks Christophe, that was the answer I was looking for. Do you have any idea when the COA may finish. On the UKBA website its says in Spring 2011. That makes it latest end May 2011. Do you think it may drag out longer than that?

Christophe
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Joined: Tue Jul 04, 2006 4:54 pm

Post by Christophe » Thu Mar 24, 2011 10:49 am

new_to_it_all wrote:Thanks Christophe, that was the answer I was looking for. Do you have any idea when the COA may finish. On the UKBA website its says in Spring 2011. That makes it latest end May 2011. Do you think it may drag out longer than that?
I don't know. Government and "the law" move slowly, except when it suits them to move quickly. Even so, I'd be surprised if the abolition proved to be a very long, drawn-out process, but I've no information about one way or the other.

new_to_it_all
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Joined: Thu Dec 02, 2010 9:38 pm

Post by new_to_it_all » Thu Mar 24, 2011 10:55 am

You are right in that comment. Things which favour the government are done overnight!!

The COA business has been going on since summer of 2010. Cant do anymore than wait I suppose.

new_to_it_all
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Post by new_to_it_all » Thu Mar 24, 2011 12:52 pm

One more question. Does the two year period for ILR married to a british citizen start at the date of the marriage or from the date that the passport gets stamped with spouse visa? ie.. I presume it takes time for the UKBA to stamp the new visa on the passport of someone who is already here on a different visa after the marriage ceremony... Thanks..

Greenie
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Post by Greenie » Thu Mar 24, 2011 1:59 pm

the two year period is from when you are granted the visa. Not from when you get married.

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