Please advice for friend.

[ribena]

Hi all
another query for a friend of mine.

her background:
- grandparents and parents are all british
- married a british, kids are british
- she was born in India hence she has a Indian passport
- came to uk when she was 18 under dependant visa from her mum
- been in this country for 22 years
- she told me her dependant visa has no expiry date
- now, her mum, and siblings all are uk citizen
- she was stopped recently entering at heathrow and was given 3 months to apply for citizenship.
- she said to the officer that the dependant visa doesnt run out so techinically they cant stamp 3 months visa for her in the passport.

her questions:
- can she 'ignore' the 3 months stamp or somehow get the dependant visa to 'over-ride' the 3 months period?
- what will happen if she didnt apply for citizenship in the next 3 months?
- will she be considered as 'overstayer' or 'illegal'?
- if she were to consider going to naturalization, does she have to take the life in uk test, in view that she has been here for 22 years.

advices are greatly appreciated!

many thanks!

[vinny]

What exactly were the endorsements stamped in her passport? How long had she been away?

Unless exempt, she would need to satisfy the KOL requirements to be eligible for citizenship. She also needs to be free from immigration time restrictions, so I don't think that they would have canceled her ILE/ILR/settled status, if they asked her to apply for citizenship within 3 months. Very odd.

[ribena]

What exactly were the endorsements stamped in her passport? How long had she been away?

Unless exempt, she would need to satisfy the KOL requirements to be eligible for citizenship. She also needs to be free from immigration time restrictions, so I don't think that they would have canceled her ILE/ILR/settled status, if they asked her to apply for citizenship within 3 months. Very odd.

HI VInny,
She went to India for holidays for 2 weeks. Left UK for india on 17 may 08 and return on 26 may 08.

Will check with her what was on the dependant visa and the recent stamp by the immigration at heathrow.

what will happen if she didnt take the test LIfe in uk within this 3 months? What will her status be?


thanks vinny.

[vinny]

If she was treated as a returning resident, then her settled status will not have changed. Cannot answer fully without knowing the endorsements.

[John]

ribena, about her parents, where were they born? Just trying to work out if her parents were/are British by descent, or otherwise than by descent?

And do you know, on what basis have her siblings got British Citizenship?

[ribena]

ribena, about her parents, where were they born? Just trying to work out if her parents were/are British by descent, or otherwise than by descent?

And do you know, on what basis have her siblings got British Citizenship?

my friends endorsement states settlement accompany mother, her sis was able to get british citizen ship before as there was no req to sit test , so does she need to sit life in the uk test, bearing in mind she has lived here for 22 yrs

[paulp]

If she's over 65 or has a disability that would have an effect on the test, then she may be dispensed.

[John]

so does she need to sit life in the uk test, bearing in mind she has lived here for 22 yrs

Yes she does. Unless, as paulp has said, one of those exemptions applies. Just doing the maths on the facts given, clearly she is well under 65, so unless she is disabled, and that has an effect on her passing the test, then she will need to pass it.

The fact that her sister got British Citizenship, before the test requirement was added, is totally irrelevant.

[ribena]

so does she need to sit life in the uk test, bearing in mind she has lived here for 22 yrs

Yes she does. Unless, as paulp has said, one of those exemptions applies. Just doing the maths on the facts given, clearly she is well under 65, so unless she is disabled, and that has an effect on her passing the test, then she will need to pass it.

The fact that her sister got British Citizenship, before the test requirement was added, is totally irrelevant.

hi everyone.
thanks for the advice.
appreciate it