Had a ILR and went back - now living in UK more than a year

[sapskt]

Hi,

My case is bit different hence created a new topic and following is my case :

I am a British Citizen. My wife got PR (ILR) in 2008 and went back to home country in Malaysia. In 2014 she wants to come back to UK so applied for Returning Resident visa as she was out of UK for more than 2 years. She applied Dependent Visa (under me) and living in UK since Apr'2015. There is no cancellation stamp on her ILR Visa. Can she apply for Citizenship now? Any suggestion of your experience like this much appreciated. Thanks in advance.

[CR001]

What exactly does her 'dependent' or 'returning visa' say??

She needs 3 years residence before she will qualify for BC.

[sapskt]

Hi,

The Type says SPOUSE/CP (of my name, who is the BC).

Thanks

[CR001]

And what is the validity of this spouse CP visa, start and end date?

It sounds like she has been issued a spouse visa for 33 months.

[vinny]

She applied Dependent Visa (under me) and living in UK since Apr'2015. There is no cancellation stamp on her ILR Visa.

It seems that she applied for a spouse settlement visa rather than a returning resident visa. As the spouse settlement visa was granted, it replaced her ILR.

She may apply for FLR(M) shortly before her visa expires.

She should be eligible for SET(M) again no sooner than 28 days prior to her 5th anniversary of her initial entry on her spouse visa. After grant of ILR, she may apply for British citizenship.