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Hi All,

I have a question about “stretchingâ€

[quote="dave_a"]Hi All,

I have a question about “stretchingâ€

Joh118

Thanks for the quick reply, but can you point me to where it says that visiting does not count. I could only find the expression being "physically present" in the UK (with the qualification that it was not illegal).

My understanding is that the naturalisation residence rules are different from residence for ILR.

Dave

If you search you will see this has been spoken about before and it has been stated that being in the UK on a visitor visa does count.

http://www.immigrationboards.com/viewtopic.php?t=38076

Though as I said before it doesn't seem quite right to me because is a visitor really resident in the UK? For example the guide says "Enter the day you first arrived with a view to staying in the UK on a long-term basis" - a visitor can't intend to stay in the UK on a long-term basis. Also for example the when the form asks about absences away from the UK it asks about countries visited - if you are a tourist in the UK and are returning to your home country to apply for a settlement visa are you really 'visiting' your home country?

Personally if it was my money I'd want to confirm it officially with the BIA first rather than take the word of someone (no matter whether a mod or not) on an internet forum.

The wording of the law does currently mean that time on a visitor visa counts as the only requirement is that you were here legally 3 years previous to the application.

http://www.statutelaw.gov.uk/content.as ... esize=1511

That is the British Nationality Act 1981 which is the relevant bit of law for now ... however ... we now have the new immigration law ... (which isn't in force yet) - the relevant section is below.

http://www.statutelaw.gov.uk/content.as ... size=38556

This replaces the old law and requires you to have had a qualifying immigration status for the entire period - and those are only temporary leave as a partner, leave to remain as a probationary citizen and permanent residence.

So there you go - from the horses mouth so to speak.

Many thanks to both djb123 & MPH80 for your replies.

djb123 - I had not found that thread so thanks for the link. I share your concerns about the issue of "intent to settle" while visiting, but it does seem that the rules allow it nevertheless.

I see little harm in us making the UK visit (& keeping the tickets etc) so that its always an option for us to try and apply under the old rules if the new rules are particularly onerous or the time limits are extended.

Worst case is she gets rejected and loses a few hundred pounds.

Best case is she gets citizenship maybe more than two years before the new rules would allow, and who knows what other stupid hoops will be placed in front of us in the future?

MPH80 thanks for the links to the original source - always the best place to go looking for the truth!!

Dave

I'd suggest the visit will need to be for a few weeks.

I'm about to make an application for my wife who was here for 2 weeks three years ago on a visitor visa (hence why I took an interest in this thread and why I know where the law is).

It's been VERY difficult to time the NCS appointment to get the documents checked, because we didn't know how long it would take them to forward it to the home office etc.

dave_a wrote:Worst case is she gets rejected and loses a few hundred pounds.

Just as a little warning, the cost for nationality applications (including the ceremony) from April 2010 will be £735, which is a bit more than pocket change. But this is like a trebling in the past six years or so.

With that in mind, just save enough pennies to pay for it. By the time you apply, UK citizenship may cost between £1,000-2,000 or more. And that's on top of the ILE application that you are hoping to make now.

Hope it all goes well for you though.