Post
by Str2017 » Thu Dec 07, 2017 7:57 am
That's the tricky bit - i found the guidance below:
"When you are considering an application where the applicant is the spouse or civil partner of a British citizen who is in Crown or designated service, who was recruited for that service whilst in the UK, you can use discretion to waive the following requirements:
• the requirement to have been in the UK on a date 3 years before the date of application (so if I have not been in the UK at all in the last 3 years then that's fine, I guess?)
• the requirements not to have been absent for more than 270 days in the 3 year qualifying period or more than 90 days in the final year of the qualifying period"
Meaning only those 2 requirements can be waived out of the 4 residency requirements. The other 2 residency requirements are:
• the applicant was not, on the date of the application subject under the immigration laws to any restriction on the period of stay in the UK
• the applicant was not, at any time in the period of 3 years ending with the date of application in breach of immigration laws
Pages 19 - 20 of the AN booklet are precisely what made us think I can qualify:
"If you are married to or the civil partner of a British citizen who is in Crown service or a similar service, there is a possible alternative to the 3 year residential qualifying period. To apply on this basis you will need to show that:
• On the day you apply your husband, wife or civil partner is working outside the UK either in Crown or designated service. (tick)
• Your husband, wife or civil partner should have been recruited in the UK to that service. (tick)
• Your naturalisation on Crown or designated service grounds should be in the interests of your husband/wife or civil partner’s employing organisation. The organisation should provide a letter to this effect. (tick)
• If you are in the UK on the day you apply, you must not be subject to time restrictions on your stay. (Big question mark --- I have a visit visa BUT not in the UK at the moment and plan to post the application)
• You were not in the UK in breach of the immigration laws during the period of 3 years immediately before applying. (tick - never been in breach of any sort of immigration laws)
• Your marriage/civil partnership should have lasted 3 years or more (tick)"
I'm aware this is at discretion of the caseworker but I would like to be sure that I at least qualify before I apply. Also considering that I will have to travel to the UK to sit the LITUK test.
Any comments/insights appreciated!
