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thanks for the reply. i wasnt aware that it counts as a visitor. how come it works that way? its so weird...John wrote:It is as simple as this. You need to pass the "applicant was physically in the UK exactly three years before BIA receive the Naturalisation application" test. And yes, you need to have been legal in the UK, at all times when in the UK during the 3 year period.
Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!
Why? Because they were physically in the UK exactly 3 years ago .... however once we get to 16.11.07 they will need to wait until next March to make the application .... in view of being out of the UK exactly 3 years earlier.
I think it is as simple as, there is nothing to stop it working that way. You were here legally as a visitor, and from when you returned on the fiancee visa, and it does not matter that you might have had no valid visa for the 2 weeks break in October 2006, given you were not in the UK then anyway.i wasnt aware that it counts as a visitor. how come it works that way?
Thanks any wayJohn wrote:thesaint, I repeat what I posted earlier in this topic, but this time with some emphasis :-
Don't think I can make it any clearer.
- not out of the UK for more than 270 days in the 3 years up to the date of application, AND
- not out of the UK for more than 90 days in the 1 year up to the date of application
i just did the math for the example and they dont add up for 3 years.John wrote:
Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!
.
No mistake from me, and I fear you are trying to invent a rule that does not exist! You seem to be under the impression that the person needs to have clocked up a total of 3 years in the UK before applying, but that is not the case.is that a mistake john?
John wrote:no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW
thats what i thought .John wrote:They can apply now ..... means now ... it does not mean they can apply immediately they got their ILR. Not sure how you could read that into what I posted. Clearly, on my example dates, they cannot apply immediately after the ILR granted, because they were not in the UK exactly 3 years earlier.
- came here for 2 weeks as a visitorJohn wrote:Those 4 months ..... any part of that 4 months will be in the last 12 months up to the date of application? If so, how much of that 4 months?i have the same Situation but I had to go back to home for 4 months.
I am so confused nowJohn wrote: Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!
.