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Doubt about Eligibility as a wife

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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bellasingleton
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Posts: 21
Joined: Sun Jul 22, 2012 12:26 pm
Location: Buckinghamshire, England

Doubt about Eligibility as a wife

Post by bellasingleton » Thu Mar 28, 2013 1:55 am

I really appreciate some guidance, please.

I lived as a student in England for 5 years, from December 2005 until 30 of April 2010.
In March 2010 I asked permission to get married and despite the fact I didn't have 3 months in my visa, I was blessed and received the certificate of approval. In the letter the Home Office stated that they were making an exception in grant me the approval but the register office could still not marry us because my visa, that time, was already expired(approval letter received in May, visa expired in April).
We received grace and we got married in June 2010.
In August 2010 I received my spouse visa and in December 2012 the ILR.

Reading the requirements to apply for British Citizenship, I found out I could apply for it straight away after receiving the ILR once I have lived here for 3 years.
I've been living in the UK for 7 years and 3 months in total.

Question:

In my case, is it possible to apply now or because between May 2010 and August 2010(despite the fact I had the approval and was waiting to get married) my visa was expired, would the application for British Citizenship be refused?
Or is it better to wait until August 2013 when I will have completed the 3 years without interruption?
PS: My husband is a British Citizen.

Thank you very much for your help and guidance.

Bella :)

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Doubt about Eligibility as a wife

Post by Amber » Thu Mar 28, 2013 2:10 am

bellasingleton wrote:I really appreciate some guidance, please.

I lived as a student in England for 5 years, from December 2005 until 30 of April 2010.
In March 2010 I asked permission to get married and despite the fact I didn't have 3 months in my visa, I was blessed and received the certificate of approval. In the letter the Home Office stated that they were making an exception in grant me the approval but the register office could still not marry us because my visa, that time, was already expired(approval letter received in May, visa expired in April).
We received grace and we got married in June 2010.
In August 2010 I received my spouse visa and in December 2012 the ILR.

Reading the requirements to apply for British Citizenship, I found out I could apply for it straight away after receiving the ILR once I have lived here for 3 years.
I've been living in the UK for 7 years and 3 months in total.

Question:

In my case, is it possible to apply now or because between May 2010 and August 2010(despite the fact I had the approval and was waiting to get married) my visa was expired, would the application for British Citizenship be refused?
Or is it better to wait until August 2013 when I will have completed the 3 years without interruption?
PS: My husband is a British Citizen.

Thank you very much for your help and guidance.

Bella :)
You must have 3 years legal residency if married to a British citizen. We're you classed as illegal/overstayer at any point?

bellasingleton
Newly Registered
Posts: 21
Joined: Sun Jul 22, 2012 12:26 pm
Location: Buckinghamshire, England

Post by bellasingleton » Thu Mar 28, 2013 2:20 am

Thank your for your reply.

No, I wasn't.
Just the letter reminding me that the register office had the right to refuse marring us.

Bella

Amber
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Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Thu Mar 28, 2013 2:23 am

bellasingleton wrote:Thank your for your reply.

No, I wasn't.
Just the letter reminding me that the register office had the right to refuse marring us.

Bella
Then providing you meet the other eligibility you may apply. Use the NCS.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 01, 2013 10:40 am

Prior to your visa expiring in April 2010, did you make any valid application for leave to remain? What was your status between April and August 2010?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bellasingleton
Newly Registered
Posts: 21
Joined: Sun Jul 22, 2012 12:26 pm
Location: Buckinghamshire, England

Doubt about Eligibility as a wife

Post by bellasingleton » Mon Apr 01, 2013 12:29 pm

Thank you Vinny.

As I asked permission in March, visa expired in April and I got the answer in May, I am very embarrassed to say that I didn't know I could apply for leaving to remain while I was waiting. I didn't do anything, I just waited until June to get married. To be perfectly honest with you I thought that if my documents were with the Home Office I would be legally here and if they gave me permission that meant I would carry on legally. But analyzing everything now, I overstayed. I'm terrible sad, that probably means I cannot apply.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Apr 01, 2013 12:40 pm

Then, it's probably safest to wait until the completion of 3 years from when you were granted leave to remain as a spouse, i.e. after August 2013.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

bellasingleton
Newly Registered
Posts: 21
Joined: Sun Jul 22, 2012 12:26 pm
Location: Buckinghamshire, England

Doubt about Eligibility as a wife

Post by bellasingleton » Mon Apr 01, 2013 12:54 pm

So there's hope at last!

Thank you very much Vinny.

I'll now organize everything I need to apply in August.
The most difficult will be the referees.

Vinny, helping people with this kind of problems it's a gift, you're gifted!
Have a good day!

Bella

:D

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