Is husband eligable for naturalisation?

Arzoo · Post by **Arzoo** » Mon Apr 13, 2009 10:55 am

would really appreciate it if someone can answer my question...

Basically husband came to the uk on visit visa to do his PLAB exam in May 2005 and stayed in the UK until june 2006.

we got married in august 2006 (abroad) and he returned to the uk in November 2006

He has been granted ILR in february 2009... as it states on the homeoffice site that to be eligable for naturalisation you have to be resident in the uk for 3 years if married to british national, is my husband eligable because from the time of his entry to the uk to now it will be 4 years in May or do we still have to wait another year after he has been granted his idefinate to apply?

Post by **vinny** » Mon Apr 13, 2009 11:46 am

Did he overstay his six months as a visitor between May 2005 and June 2006?

Arzoo · Post by **Arzoo** » Mon Apr 13, 2009 5:09 pm

no, he was able to extend it because he was doing clinical attachment at a hospital so was given another 6 months from croydon

paulp · Post by **paulp** » Mon Apr 13, 2009 10:48 pm

it all looks good. Make sure that he was "physically in the UK" 3 years before his application date (date of receipt) and check his absences are under the required numbers (Guidance for Form AN).

Arzoo · Post by **Arzoo** » Tue Apr 14, 2009 10:36 am

thank u!

JiyaKhan · Post by **JiyaKhan** » Fri May 08, 2009 8:39 pm

Hi Dear,
Husband by law need to wait one more year b4 apply.
Regards,
JK

HaseebKhan · Post by **HaseebKhan** » Fri May 08, 2009 10:16 pm

Rule is 3 year resident + 1 year on ILR

JiyaKhan wrote:Hi Dear,
Husband by law need to wait one more year b4 apply.
Regards,
JK

Post by **John** » Fri May 08, 2009 10:35 pm

Rule is 3 year resident + 1 year on ILR

Not it isn't ... for the spouse (or Civil Partner) of a British Citizen!

djb123 · Post by **djb123** » Sat May 09, 2009 5:25 am

paulp wrote:it all looks good. Make sure that he was "physically in the UK" 3 years before his application date (date of receipt) and check his absences are under the required numbers (Guidance for Form AN).

Didn't think time in the UK on a visitor visa counted.

Especially as the form asks "Enter the day you first arrived with a view to staying in the UK on a long-term basis," - it goes against the terms of a visitor visa to be planning to stay on a long-term basis.

Therefore an application shouldn't be made until November 2009.

Post by **John** » Sat May 09, 2009 9:17 am

djb123, no, that is not correct. Any legal time in the UK can count, as regards passing the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation applicant" test.

But we are told that he "came to the uk on visit visa to do his PLAB exam in May 2005 and stayed in the UK until june 2006", on a 6-month visitor visa, and was later given a further 6 months. However May 2005 to June 2006 exceeds 12 months, which begs the question, did he overstay?

This is important! One of the tests is that at every point in the 3-year qualifying period, when in the UK, the applicant was "legal". So we need to know if he overstayed his visa!

djb123 · Post by **djb123** » Sat May 09, 2009 9:43 am

John wrote:djb123, no, that is not correct. Any legal time in the UK can count, as regards passing the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation applicant" test.

I'll take your word for it, it just seems to me visitor and staying long term (ie resident) are not the same thing. I'm sure someone on a visitor visa would get refused entry if he stated he was planning to stay in the UK on a long term basis.

Post by **John** » Sat May 09, 2009 10:22 am

djb123, the point is of course that someone who is only ever in the UK as a visitor will never get ILR, and thus would never be eligible to apply for Naturalisation.

Strange as you might find the rules, in this respect, they are actually quite clear.

I look forward to hearing whether Arzoo's husband overstayed his visa, or whether he was always legal in the UK.

jei2 · Post by **jei2** » Sat May 09, 2009 11:01 pm

John wrote:djb123, the point is of course that someone who is only ever in the UK as a visitor will never get ILR, and thus would never be eligible to apply for Naturalisation.

Strange as you might find the rules, in this respect, they are actually quite clear.

I look forward to hearing whether Arzoo's husband overstayed his visa, or whether he was always legal in the UK.

I agree. The length of time spent in the UK just exceeds the period for an academic visitor and the 3 months spent outside sounds about right for returning home to re-apply for entry clearance under the rules. Or was there another reason for him getting married abroad?

Might as well get it right before throwing hundreds away.

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Is husband eligable for naturalisation?

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