Start of qualifying period

[sabster]

Hi All

I've searched on a lot of the forums here and can't find the answer to my question - great if someone can offer an opinion.

I'm a UK citizen and want to apply for naturalisation for my wife. The key points are:
In UK on student visa: 22nd Oct 2009 - 7th Jul 2010
Return to UK on Student visa for graduation: 16th Jan 2011 - 30th Jan 2011
Spouse visa entry to UK: 9th May 2011
ILR granted: 25th April 2013

I know there is the 3 year rule on 270 days and 90 days in the last 12 months being the limit outside the country.

I wanted to try and understand what is the earliest we can apply? Will UKBA count the fact that she was in the UK on 16th Jan 2011 and thus allow us to apply on 16th Jan 2014? Will the fact she was on a student visa, rather than a spouse visa at the time matter? Or is the earliest date we can apply 9th May 2014?

If we can apply on 16th Jan 2014, we will be within the days outside the UK criteria, as she will have only been out of the UK for 186 days in 3 years and 42 days in the last 12 months.

I've read conflicting things on various forums so wanted to try and clarify. Thanks in advance[/b]

[Jambo]

You can't apply for your wife. She will need to apply by herself.

Any legal stay counts even tourist visa.

16/01/2014 assuming she meets the other requirement as well.

[mirzanaseer79]

Hi,

She would only be allowed to apply between 16 Jan 2014 to 31 Jan 2014.

If these dates are missed, she cannot apply again before 10 May 2014, as applicant needed to be in the UK excatly 3 years back of her Naturalisation application.

[sabster]

Thanks both.
She will of course apply by herself - what I meant was I will prepare the application (good division of labour!).

I am surprised they would count the time she was here on a student visa as part of her residency period. My concern was since she left on 30th Jan 2011, she did not have a valid UK visa at that stage (not until she returned on 9th May).

Can it therefore be argued she wasnt actually "resident" in the UK during part of her UK residency qualfying period (ie. 31st Jan 2011 - 8th May 2011)?

[Jambo]

Can it therefore be argued she wasnt actually "resident" in the UK during part of her UK residency qualfying period (ie. 31st Jan 2011 - 8th May 2011)?

Maybe but this is irrelevant to the application. There is no requirement to hold a valid visa or to be resident during the whole period. The requirements are to be lawful resident (i.e. have a valid visa when living in the UK) and spend certain amount of time in the UK. As long as she meets those, she will be fine. She is not required to be resident while she is abroad.

[kkhhyyaattii10]

hi, will be really grateful if someone solve my querry.
my husband is here in uk since 26th january 2003 on student visa.I came here on student dependent on 26th may 2006.my workpermit got granted 18th nov 2007 than my husband became my dependent. so on 5 years of workpermit we got ILR on 25th October 2012. so what earliest date I can apply for naturalization as rules changing. can I only qualify 25th oct or earlier.
thanks

[vinny]

On/after 25 Oct 2013.

[akbar1]

Hi all I am new to the forum and need your advice?
I was granted ILR on November 2010 and I want to know if I can apply for Citizenship now.
This is because, although my ILR was granted on November 2010, but I have been physically present in England since February 2004 from the age of 14. My ILR was granted under the Abandoned Children Concession and the European Convention of Human Rights. So, if my physical presence is counted it would mean that I have been a resident for 9 years now. I would also like to point out that my ILR application was made in May 2006 and the ILR was granted in November 2010 (4 years and 6 months) later, so will this time period be counted again?
Can I apply now?

[sabster]

Can it therefore be argued she wasnt actually "resident" in the UK during part of her UK residency qualfying period (ie. 31st Jan 2011 - 8th May 2011)?

Maybe but this is irrelevant to the application. There is no requirement to hold a valid visa or to be resident during the whole period. The requirements are to be lawful resident (i.e. have a valid visa when living in the UK) and spend certain amount of time in the UK. As long as she meets those, she will be fine. She is not required to be resident while she is abroad.

For anyone following this post, Jambo was absolutely correct. The student visa part was still counted as residency of my wife's application - we got the approval last week for naturalisation. Thanks Jambo.

This might be a useful consideration for those thinking ahead of applying too - i.e. rather than initiating the application for a spouse visa (which can take a good 3 or 4 months), it might be worth first getting your other half over to the UK on a different visa (tourist perhaps?) and then sending them back to their home country to apply for the spouse visa. Your residency period will have deemed to have started and it also means they will have been in the country sooner than on a spouse visa (allowing you to demonstrate adherence to the rule requiring physical presence in the UK 3 years before application).

Just a thought! Good luck

[narsii]

Hi All,
Sorry if this question was answered before but I could not find it.

I have a query on applying for naturalisation .

I landed in UK on 30/jan/2010
got my ILR on 5th Jan 2015 .

When I will be able to apply for naturalisation , I was physically present in the UK on both the days .

a) is it 5 years visa + 1year ILR - I can apply on/after 6th of Jan 2016
b) is it 6 years residence which includes 1 year ILR (Ref : http://www.workpermit.com/uk/naturalisation.htm) - I can apply only on/after 31st Jan .

Any help much appreciated .

Regards,
Narsii

[wire]

The government website says( https://www.gov.uk/becoming-a-british-citizen)

And you must usually have:

lived in the UK for at least the 5 years before the date of your application
spent no more than 450 days outside the UK during those 5 years
spent no more than 90 days outside the UK in the last 12 months
been granted indefinite leave to stay in the UK (this means there’s no specific date that you have to leave) or permanent residence if you’re an EEA national (and you have a permanent residence card or document that shows you have permanent residence)
had indefinite leave to stay in the UK for the last 12 months (or permanent residence if you’re an EEA national with a permanent residence card or document that shows you have permanent residence)
not broken any immigration laws while in the UK

And so i think point a)