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IRL - Eligibility to Apply
Posted: Tue Jun 14, 2011 6:26 am
by conno26
My wife entered UK in Aug last year and was granted a Spouse Visa. I am a British Citizen and we had married in Dec 04 and lived together in China and Qatar. On your advise she applied for a visa with a "KOL REQ" endorsement and was granted a Residence Permit with a Definite right to Remain until 15 Oct 12. She has recently passed the Life in the UK Test. Can she now apply for IRL even although she will not has stayed in the UK for 2 years? If so what form shouls she use?
On another issue my daughter (under 18) who entered UK same time as my wife was granted an IRL visa. When can she apply for citizenship or is this tied to my wife's visa requirements?
Posted: Tue Jun 14, 2011 12:54 pm
by geriatrix
Resident permits cannot be issued by overseas diplomatic posts, and there is no "definite right to remain" endorsement.
So, what is the endorsement on the your wife's and daughter's visa vignette?
Posted: Tue Jun 14, 2011 1:54 pm
by Casa
It would appear that your wife was granted ILE with KOL Required. In which case she can now apply for ILR on form SET(M).
Posted: Wed Jun 15, 2011 1:46 pm
by Greenie
Casa wrote:It would appear that your wife was granted ILE with KOL Required. In which case she can now apply for ILR on form SET(M).
i agree except she will not have been granted 'ILE with KOL Required' as ILE is not granted unless the KOL requirement is met. She will have been given the endorsement: "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1â€
Posted: Sun Jul 17, 2011 11:27 am
by vinny
conno26 wrote:My daughter was granted the above visa with indefinite leave to enter the UK in August last year. She will be 18 in November this year. Can she apply for citizenship before she is 18?
Can anyone advise?
Thank you
More information would be helpful.
Assuming that she was born outside the UK:
If you are her
father and you were British
otherwise than by descent at the time of her birth, then she is
already British.
Else, if you are her
father and you are British
by descent, then she may be eligible to register under section
3(2).
Else, they
expect her to spend at least two years in the UK before registration at the same time as her mother. Unfortuantely, she will be over 18 by then. Therefore registration is not an option. She may
naturalise when eligible.
Posted: Mon Jul 18, 2011 12:26 pm
by conno26
Thank you Vinny,
More Information. I am British. My daughter is in fact my step-daughter and has been since my marriage in 2004. My wife entered the UK also in August last year and she is now applying for ILR having just passed the KOL test (she did not have to wait two years as we had been married and lived together outside the UK for over 4 years).
Does any of this information change your intial response?
Posted: Mon Jul 18, 2011 12:31 pm
by vinny
Unfortunately, the last Else condition is probably applicable.