ILR for Spouse of Citizen

[re_kon3]

Hi,

Hopefully someone can shed some light on this...

I would just like to try and clarify what exactly the next step is for my wife in order for her to ultimately get a British Passport. As it stands at the moment, this is our current status.

---------------------------
Both arrived in UK : 20/12/2005 (we have been dating since 2001)
Married : 05-03-2011 (1 1/2yrs basically)
---------------------------
Wife :
--
Nationality : South African
--
Type of Permit : Spouse/Partner - Leave to Remain
Expiry : 03-02-2015
Issued : 25-05-2012

Previously
Type of Permit : Dependant Partner - Leave to Remain
Expiry : 03-02-2015
Issued : 03-02-2010
---------------------------
Me :
--
Nationality: South African/British
--
South African :
Type of Permit : UK Ancestry - Leave to Remain
Expiry : 03-02-2015
Issued : 03-02-2010
--
British :
Type of Application : By Descent (actually Double Descent)
Issued : 14-07-2012
---------------------------


Basically we "misunderstood" someone from the UKBA and she went for a Nationality check-in service where they told her she needs to first get her ILR before applying for Naturalization - as she has to be free of immigration restrictions (since been confirmed by someone at the UKBA in writing). The confusion came in where we thought that as she has been living here for the last 6 odd years (married just over 1 1/2 yrs) - that she would qualify on the residential requirements. From the UKBA website it doesn't mention anything about ILR or being free of restrictions.


---------------------------
http://ukba.homeoffice.gov.uk/britishci ... ofcitizen/

There are seven requirements you need to meet before you apply:

you are aged 18 or over; and
you are of sound mind; and
you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
you have sufficient knowledge of life in the United Kingdom; and
you are of good character; and
you are the husband, wife or civil partner of a British citizen; and
you meet the residential requirements; or
your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.

Residential requirements


In order to demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
have not been in breach of the immigration rules at any stage during the three-year period.

---------------------------

That aside we have now tried to get an appointment for the residential check-in service and they are asking her what her probation period is, 24/27 months. Even though they knew all the details above...I believe (the wife called them so I don't know exactly what was said). We have never been told, that I can recall, what her probation period is (or if she even has one). From what I can tell after researching this a little last night, you either have a 2yr or 5yr probation period depending on when you received your leave to remain. Therefore 2yrs in this case as she got it before July 2012?

We also not sure of the situation of her visa as this is based on my South African visa, which is presumably still valid...but I am now a British citizen as well (and could have been one all along - I never needed a ancestry visa in the first place!)

We are just really confused now as this whole process with the UKBA is never easy or straight forward, I'm surprised we got his far TBH!

My wife has since heard back from the residency check-in service and they said that she has a unique case which they don't deal with but if she can get the go ahead from the UKBA, then they will book her in for an appointment....sounds like they don't have a clue!

Thanks
Tim

[geriatrix]

What was your immigration status at the time you applied for British citizenship?
Did you ever apply for ILR? If so, when was this issued?

[re_kon3]

What was your immigration status at the time you applied for British citizenship?
Did you ever apply for ILR? If so, when was this issued?

It's was the same as what it currently is, UK Ancestry - Leave to Remain. I applied based on the grounds of descent (actually Double Descent - my Grandfather was in Crown Service at the time of my father's birth so he was reclassified as British other than by descent)

I never applied for ILR.

[geriatrix]

Then what was this application about

Type of Permit : Spouse/Partner - Leave to Remain
Expiry : 03-02-2015
Issued : 25-05-2012

Please tell us the form used for this application and why this application was made when your wife already had (dependant) leave until 2015.

[re_kon3]

Then what was this application about

Type of Permit : Spouse/Partner - Leave to Remain
Expiry : 03-02-2015
Issued : 25-05-2012

Please tell us the form used for this application and why this application was made when your wife already had (dependant) leave until 2015.

That was after we got married (05-03-2011), she sent away to get her biometrics card updated with the new surname (I did not have dual nationality at that time - although I was "entitled" to it but just didn't know I was) and we got it back saying that on it. We made the application as we read somewhere that we had to update it or else basically.

We can't unfortunately remember what form was used, I'll try to have a look tonight. I believe it was just a name/detail change form along with the marriage certificate.

Edit : I believe it was BRP(RC) - as we were still worried about the £1000 fine for not having done it within 3 months.

[geriatrix]

So your wife continues to be on leave as a dependant of ancestry migrant while you have been granted British citizenship (by descent) and you never applied for ILR. Correct me if I am wrong because the following is based on such understanding:

Because you never applied for ILR under ancestry route, your wife is not eligible for settlement under her current immigration category. Your wife needs to switch to FLR(M). The earlier she does it the better.

Then the question arises as to when your wife may be eligible for settlement, i.e. - whether her stay in the UK as your dependant partner can be included in the 5 year qualifying residential period for settlement or whether she will need to complete 5 years under FLR(M) leave. I think I have an answer but am unsure if that answer is correct or not. Will post (my interpretation) soon.

[re_kon3]

Yes, your understanding is correct and what you say makes sense. I believe we were trying to apply under SET(O) (although I might be mistaken as I have looked at so many forms since then) and I did start looking at FLR(M) last night after hours of trolling the UKBA site.

Not sure if this helps with the settlement query:

On 30 January 2012 15:09, <> wrote:

Dear Tim

Thank you for your reply.

Your understanding is correct. Once you have been granted British citizenship, and have received a certificate confirming your British citizen status, your wife will be able to apply straight away – provided she meets all the requirements.

Regards

Customer Service Advisor AO5

UK Border Agency
North West Region Correspondence Team
Dept 16
PO Box 306
Liverpool
L2 0QN

Tel: 0845 010 5200
From overseas:+ 44 151 672 5626

*If you intend to reply to this email please include all previous correspondence

Please note: This service provides general information regarding Nationality and Right of Abode. The onus is always on the applicant to ensure that they fully meet the requirements for any application as set out in the appropriate guide. All applicants are advised to read the guide thoroughly and make sure they satisfy the requirements before submitting any application.

From: Me
Sent: 30 January 2012 14:46

To: Friendly UKBA Man
Subject: Re: British Citizenship by Double Descent (1981 S14(2) Crown Service)

Hello Friendly UKBA Man,

Sorry to bother you again, but you were such a great help the last time.

I just wanted to clarify something regarding naturalization for my wife if that is OK?

As I understand it, from reading the UKBA website, that once I have my citizenship my wife can apply for naturalization straight away based on meeting the residential requirement?

http://ukba.homeoffice.gov.uk/britishci ... ofcitizen/

She has been living in the UK with me for over 3 years, although we have only been married for a year.

Is my understanding correct? Currently she holds a partner dependant visa and I have definite leave to remain, although I will soon be applying for my citizenship based on the grounds we discussed earlier.

Thanks
Tim

This in part was some of the stuff that lead to confusion...

Cheers

[geriatrix]

The response from UKBA was appropriate .... your wife is yet to fulfill one of the requirements:

You must be free from immigration time restrictions on the day you make your application.

In other words, settled status (ILR).

[re_kon3]

The response from UKBA was appropriate .... your wife is yet to fulfill one of the requirements:

You must be free from immigration time restrictions on the day you make your application.

In other words, settled status (ILR).

Yip - that's the line we missed

I'm pretty sure we originally used FLR(M) to apply for "Dependant Partner - Leave to Remain" (although I could be wrong). So now as I understand it, we would use that again but to change her status to be the spouse of a citizen instead of a UK Ancestry dependant.

It is then just a question of when she can apply for settlement (ILR)....so basically it would be something like "FLR(M) [~£500] -> ILR [~£900] -> Naturalization [~£800] -> Citizenship"?

Phew...

[geriatrix]

FLR(M) cannot be used for applying for leave to remain as a partner of someone who is in the UK with limited leave to remain (e.g. - UK ancestry). It may have been FLR(O).

Ignoring increase in fees over the years, your cost calculation seems right.