Can I claim time towards naturalisation for visa mistake??

[spatel07]

Dear all

In short, I was initially granted a 2 year spouse visa but later found out that I was in fact entitled to indefinite leave to enter (ILE)!

I had the spouse visa for approx 1 year 8 months & recently got my passport stamped with ILR not ILE (as I was in the UK) by the home office. Does anyone know whether I can claim time towards my naturalisation because of the initial visa mistake?

Many thanks.

[John]

Does anyone know whether I can claim time towards my naturalisation because of the initial visa mistake?

I am struggling to understand how a visa mistake, even if there was a mistake, has any impact upon when you can apply for Naturalisation as British, given you now have ILR.

Why do you think there is any time to claim?

[tinux]

I think he means that he could have applied for Bc after one year of recieving ILR instead now he has to wait till 12 months are over
could be wrong

[JAJ]

I think he means that he could have applied for Bc after one year of recieving ILR instead now he has to wait till 12 months are over
could be wrong

If he is married to a British citizen there is no need to wait 12 months until after ILR.

But it's all academic as he can't apply for naturalisation until he has a total of 3 years U.K. residence.

[spatel07]

Hi

Thanx for your feedback.

I am married to a British citizen and we both lived outside the UK for well over 4 years. But as mentioned, I was issued with a 2 year spouse visa from BHC abroad instead of the correct ILE. I only found out I was entitled to ILE when I seeked through immigration advice from a lawyer when I was visiting the UK late last year.

I only just moved to the UK early this year and recently got my passport stamped with ILR. I know I have to stay in the UK for 3 years in order to naturalise but can't I claim time towards this time frame since I spent almost 1 year 8 months on the wrong visa? I couldn't move to the UK straight away because of unforseen circumstances but am now present here.

Any advice would be great.

Thanx.

[vinny]

As JAJ implied, the minimum required period of 12 months' ILE/ILR are only for people who are not spouses of British citizens.

Any periods during which you were legally in the UK may be counted towards meeting the residential requirements for Naturalisation (see B. Requirements for a person applying as the husband, wife or civil partner of a British citizen). It doesn't make any difference if you were on a spouse visa or ILE/ILR during that time. However, you cannot include periods spent outside the UK.