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If you are an Irish citizen in the UK you are deemed to have been a permanent resident since arrival (ie, since 1987).Tom Owens wrote: Whilst I have been living in the UK since 1987, my resident permit only began when she arrived in April 2003. I do not know what procedure I need to follow to obtain a UK passport? Can I apply now? Must I wait?
What you were told is completely wrong. Go to http://www.ukvisas.gov.uk then click on "More about UK Visas" (at the side) then click on the link "Diplomatic Service Procedures - Entry Clearance" and go to section 21.4.7 and you will read:Tom Owens wrote:
Ans: I too found it presposterous but I think it was the UK embassy in Bogota who insisted I did and that way my wife came in under EU rules i.e. I as an EU citizen was entitled to have my wife working alongside me here in the UK. We were married in Bogota and I obtained a special fiance visa to marry her in Bogota/Colombia
As a child of an Irish citizen (settled parent), any UK-born child you have will be a British citizen by birth. Of course if you have naturalised by then it will be simpler.Do we plan to have kids?
Yes, we hope to. We have just bought a house and now we have the space at long last!
Also appears to be dead wrong. Under the rules in place from 30 April 2006, your wife automatically gets Permanent Residence after 5 years accompanying you "exercising EEA Treaty Rights".The IND said that my wife must let her current visa rnearly run its full course i.e. up to February 2009 (1 month short of the expiry date of 9 March 2009) before she could apply for Indefinite Leave to Remain . Is this true? I repeat, she arrived in April 2003 was granted a 1 year visa and then a further 5 year visa. In other words, she would HAVE to be here almost 6 years before being allowed to apply for Indefinite Leave to Remain according to the IND official I spoke to.
Information at:As Irish, I have to do the citizenship test presumably but do you know whether it takes long after that for me to get UK citizenship?
No.A third question for you..
Will I have to give up my Irish citizenship if I become British?
She could have got ILR after 2 years. But she still would have had to wait 5 years to naturalise as you are not a British citizen.Tom Owens wrote: Question 1: You mention in a previous message that "you could have sponsored under UK rules". I was just curious what you meant by this?
Do you mean, my wife could have obtained a 2 year visa from the British embassy in Bogota and then applied for ILR after the 2 years were up and after after a further year then naturalise?
Remember - you only need to prove the last 5 years. The only reason you could be asked for 6 years is if someone is clueless at the Nationality Checking Service (NCS).Question 2: It is with regard to my evidence that I have been working in the UK for the last 6 years. I have been a teacher at the same school for the last 5 years and was self employed for two years prior to that. I am concerned that I do not have continuous pay slips going back for the 6 years, although I can show my work contract and get a letter from the school presumably vouching for the last 5 years. For the self employed period before that (i.e. before August 2002), my life was a bit messy. I paid NI but no taxes as my website business at the time made no income. Can you suggest what evidence might be acceptable? From 1988-96 I worked as an economist in London (which I think I could prove easily enough) with a large recognised firm but presumably that is too far back to impress the IND who want to know about the last 5/6 years?
Rather than waiting ages to get copies of such documentation, if you have evidence of the 5 years residence, just make a postal application now.I have owned a property in London since 1992 and paid local council tax all that time as well. I have paid NI continuously since 1988 perhaps 1987 even but I would need to ask the NI office perhaps to attest to this? My wife and I jointly own our house in London since February 2007. I don't know whether that is relevant.
You need to read on in much more detail. Firstly, spouses of British citizens have a 3 year residence requirement.I also have noted that on the IND website they describe the residency requirement as follows:
3. The residential requirements are that:
a. the person applying was in the United Kingdom (see Note3) at the beginning of the five-year period that ended on the date the application is received;
b. in the five-year period, he or she was not outside the United Kingdom for more than 450 days (see Note 4)
c. in the last twelve months of that five-year period, he or she was not outside the United Kingdom for more than 90 days;
d. in the last 12 months of that five-year period, his or her stay in the United Kingdom was not subject to any time limit under the immigration laws (see Note 5); and
e. he or she was not at any time in that five-year period, in the United Kingdom in breach of the immigration laws.
Special circumstances
It is para (d) above that concerns me. Won't the IND say that my wife has 2 years to run on her current visa until March 2009. i.e. she has a time limit?
You can download form and guide AN from this site.Tom Owens wrote: 1) Whether there is a special form I should request?
You must enclose a test pass certificate with your application (keep a copy for yourself).2) I have booked a citizenship test for 8 August. Presumably, I need to enclose this certificate with my application? Is this essential or can the test wait until I have sent in my application?
You don't need a stack of evidence a few inches thick, but you do a little more detail proving your residence in the UK. Remember that you want a Home Office caseworker who does not know you to be able to make an immediate decision without asking for more information.3) I will provide them a cover letter outlining and enclosing:
a) A contract showing that I have been a teacher at a London school since August 2002. (I am not sure I have a very comprehensive set of payslips and bank statements supporting this- is this very important?) My school will presumably provide whatever corroboration the IND is likely to request.
It's gone up (a lot) recently. Now GBP655:4) I need to post the IND a cheque presumably? A few hundred quid I think?
A solicitor. You will find that charges for this vary greatly - shop around.5) Because I am a regular traveller, I will photo-copy ALL the pages in my Irish passport and have them certified. Must it be a solicitor?
Absolutely not!6) Perhaps a stamped and addressed special delivery envelope to my address for them to post me my new UK Naturalisation certificate or UK passport?
With current processing times, it's quite feasible to be British in this timescale.7) If I send all this off by the end of next week, could I hope to have a UK passport by December/January possibly? In any case, my deadline is for April 2008 when my wife will have served her 5 years.
8)Is there anything else, I should be considering?
Yes, do let us know how you get on!Tom Owens wrote:Thank you very much again.
I will get cracking on this straight away and report back occasionally to this message board.
Tom
P.S. £655 eh! Sandra (my wife) can buy me a pint of guinness for this.
How did you manage to "live" in the United Kingdom on a visitor visa?winna wrote:Hi,
I am in a similar situation. I am married to an Irish citizen. I came into the UK to live with my Irish boyfriend on a multiple visiting visa (valid for up to 3 years from July 2003 - August 2006).
Based on the information you give, you will become a Permanent Resident in August 2009.I married my Irish husband who had been living in the UK for 15 years in 2004 and converted to an non EEA residence permit in August 2004 valid till 2009.
My husband is fed up with the constant application for Irish and schengen visas whenever we have to travel and is wondering if him getting British nationality would hasten my getting a British passport.
The general rule is no more than 450 days in the 5 years, and 90 days in the final year. There is some leeway on these - you need to take a look at Annex B to Chapter 18 of the Nationality Instructions (linked earlier in the thread) to know more. There may be some detail in the guide.Tom Owens wrote: 1) Is there a maximum number of days, one can be outside the UK in any of those 5 years? For example, if one exceeds 90 days in one year, does that then contravene the residency requirement?
She would only be able to apply once she has Permanent Residence, and she doesn't get this until April, so she needs to wait until then.I am a bit confused about when my wife can apply to naturalise. If I obtain the UK passport by February 2008, can my wife apply for naturalisation straight away having been 4 years and 10 months in the UK or must she wait until April when the 5 years have expired?
1. Don't know. Shop around.Tom Owens wrote:Dear JAJ,
Once again, I am coming to you for some advice.
I have now obtained the UK Citizenship Certificate. You were correct, the test is failable.
So, I am putting together my bundle for the Home Office which will include:
1. Photo-copies of all the pages of my Irish passport. These have to be certified by a solicitor.
Question 1: Do you have any idea what would be a reasonable charge for this service? We live in Fulham, South West London.
2. A copy (non certified) of my Irish birth certificate. (I do not have the original).
Question 2: Perhaps this is redundant therefore?
3. Original P-60's going back 6 years.
4. My contract of employment with my school going back to August 2001. (I thought I started in August 2002 but no it was 2001!)
5. My Pass notification for Life in the UK
6. The cheque (£655) and payment slip.
7. The completed form with two referees etc.
Question 3: Should I include other documents such as proof of home ownership?
8. A cover letter which will refer to the documents that I am enclosing.
Question 4: Should the cover letter outline my case for naturalisation?
Congratulations. Bear in mind that you do not become a British citizen until you attend the ceremony.Tom Owens wrote:Dear JAJ,
I just wanted to let you know that the Home Office wrote to me on 2 October saying that my application has been successful. So it took just over 3 weeks for them to make a decision. Both Sandra (my wife) and I are very much indebted to you for your advice. I had been advised over a year ago directly by someone in the Home Office ago that I would have to go through a formal procedure of 5 years with a resident permit them a further year with Indefinite Leave to Remain before I could apply. So once again, a big thank you!
I now have to wait for an invite to the citizenship ceremony. A question:
Would you know how long it normally takes to receive the UK passport after this ceremony?
The reason I ask is that I have to travel to Colombia on 15 December for Christmas and New Year and if I have a UK passport I will not need to apply to the Colombian embassy here in London for a visa. As I mentioned, Irish passport holders need to get a visa to travel to Colombia and while it will be my 7th time visiting Colombia, it is not unusual for the Colombian consulate to take over 2 weeks to process my visa. So it would be nice to avoid all that if poosible.
Tom