Naturalisation help needed

[999]

Hi

I was basically given a 2 year spouse visa by british high commission. I was not sure if they gave me the correct visa so I travelled to the UK to seek proper legal advice.

The immigration expert I seeked advice from told me that I should have been given indefinite leave to remain. I returned overseas to tie up things while the immigration expert wrote to the home office and 9 months later, they replied with an apology letter stating that they had made a mistake and that I should have been given ILR.

I then travelled to the UK approximately 5 months later of the dated letter and had the visa rectified to ILR here at the home office. I understand that I must have 3 years legal stay in the UK to qualify for naturalisation as a spouse of a british citizen.

My question is, as I was given the wrong spouse visa in the first place, can I claim those 2 years towards my naturalisation??

Any feedback would be appreciated.

Thanks.

[thirdwave]

Hi

I was basically given a 2 year spouse visa by british high commission. I was not sure if they gave me the correct visa so I travelled to the UK to seek proper legal advice.

The immigration expert I seeked advice from told me that I should have been given indefinite leave to remain. I returned overseas to tie up things while the immigration expert wrote to the home office and 9 months later, they replied with an apology letter stating that they had made a mistake and that I should have been given ILR.

I then travelled to the UK approximately 5 months later of the dated letter and had the visa rectified to ILR here at the home office. I understand that I must have 3 years legal stay in the UK to qualify for naturalisation as a spouse of a british citizen.

My question is, as I was given the wrong spouse visa in the first place, can I claim those 2 years towards my naturalisation??

Any feedback would be appreciated.

Thanks.

I do not think they make concessions on the residence requirements..Vinny should be along shortly with the relevant link

[John]

999, the type of visa held at that earlier point in time is irrelevant. The question is, were you in the UK legally? The answer is yes.

You have ILR now, but have you passed the Life in the UK Citizenship test? If not you need to pass that before being allowed to apply for Naturalisation.

Having passed that test, and assuming there have not been excessive amounts of time outside the UK in the 3-year period, you can apply for Naturalisation as soon as you can pass the "applicant was physically in the UK exactly three years before UKBA will receive the Naturalisation application" test.

[999]

Hi John

Yes, I have passed the life in the UK test. But generally speaking, I have spent a total of approximately 9 months in the UK while I held the spouse visa.

But because of the mistake in the wrong visa being issued, don't you think that I can claim time for 2 years? If the correct visa had been granted, then I would have moved to the UK almost immediately and to date would have had 'legal stay' of more than 2 years to my advantage!

Do you think this will be considered? I have close ties witht the UK i.e. i own my own house, all my children are british citizens, etc.

[John]

But because of the mistake in the wrong visa being issued, don't you think that I can claim time for 2 years?

As already said, irrelevant.

In case we are talking at cross purposes here, could you please post your dates ..... date of entering the UK .... date leaving the UK ..... in order to judge when you might apply for Naturalisation.

[vinny]

See also Requirements for naturalisation if you are married to or the civil partner of a British citizen and Chapter 18: Naturalisation at discretion.