Naturalization/citizenhip query on basis of spouse. plz help

[volks400]

i have been reading the forum and have a few questions if someone can help me out.
a. i have ilr after 2 years of spouse visa so my ilr runs outon 11 april 2010. so when do i apply?(how many days bfr ilr runs out)
b. which process is better walk-in or post? for ilr i chose wlk-in in glasgow HO and that was pretty quick.
c. before i applied for ilr i gave life in uk test and used for my application for ilr. do i still need to give this test result with citizenship application?

so where do i start from. anyone plz advise i would be so grateful

thanks

[MPH80]

Start here:
http://www.bia.homeoffice.gov.uk/britishcitizenship/

1. ILR doesn't run out. If you have an end date on your visa - then you're not on ILR. You can see the timelines of when you are allowed to apply on the above site.

2. There's no same-day appointments for BC. You can apply through the nationality checking service of your local council - there's suggestions this does speed the process up - but it still takes around 4 weeks to get the invite to the ceremony.

3. You can use the same pass certificate.

M.

[John]

Using your lettering :-

1. If you really have ILR then it does not run out in April! So do you have a time-limited 2-year spouse visa that expires in April? From your question b it seems clear that the spouse visa, FLR, was issued in the UK. Accordingly you can apply for ILR no earlier than 28 days before the expiry date of your current visa, and no later than that expiry date.
2. Up to you, but if you don't mind paying the extra £200 for an in-person application, and don't mind the needed journey to the PEO, make the application in person, after getting an appointment of course.
3. Wait a minute, this really does not make sense. If you really do already have ILR, why are you thinking it runs out in April?

It might be an idea if you give details of your UK immigration history.

[volks400]

thanks for your replies. my fault i put the quesion wrong. i know it never runs out. its up to me if i want to have a british citizenship or use my own passport with ilr. sorry about that. what i wanted to ask was that i can apply any day after 11 april cause thats when my one year is over of ilr after 2 yrs of spouse in total 3 yrs. am i right?

[MPH80]

You can apply any time as long as you have been in the UK for over 3 years and you were in the UK on exactly the date you apply.

E.g. if on the 21st Jan 2007 you were in the UK - you can apply today. If you were on holiday and therefore outside the UK ... you can't.

M.

[John]

volks400, are you married to a British Citizen? We need to know that.

Just because you were issued with a 2-year spouse visa does not necessarily mean that you are married to a British Citizen. After all, if you spouse was non-EEA but already had their own ILR, you could have been issued with a 2-year spouse visa.

Earlier you posted :-

which process is better walk-in or post? for ilr i chose wlk-in in glasgow HO and that was pretty quick.

-: but the PEO office in Glasgow, where you got your ILR, does not handle Citizenship applications. So you certainly would not go there.

Instead you need to go to an NCS office, and details of Scottish NCS offices are given on this UKBA webpage. You will need to make an appointment.

[volks400]

sorry again and yes im married to a british citizen and im pretty sure i can apply for the british citizenship as the guy in the home office explained to me when he gave me my ilr.

[John]

When did you actually arrive in the UK? You need to ensure that you were physically in the UK exactly 3 years before UKBA receive the Naturalisation application.

[volks400]

i entered uk on spouse visa on 11 april 2007. never been away for more than a month in the past years ie been to canada everyyear in the past 3 years for a month holiday as my parents live there. got my ilr last year.

[hamid_awais]

i think you should try again

[volks400]

i think you should try again

what do you mean??

[John]

volks400, what he means is to publicise the advertising in his signature, no more than that. But I have just removed that.

OK, you arrived in the UK on 11.04.07, so can apply from the 3rd anniversary of that date. Just make sure, looking at the dates of your absences from the UK, that you were physically in the UK exactly 3 years before UKBA receive the Naturalisation application.

[volks400]

as i stated earlier i have only been away 3 times in 3 years for canada on visit visa as my parents live there and its not been more than 30 days. i hope that wont be a problem.
thanks for your reply

[John]

That number of days is not a problem, but you still need to take on board the point I made above.

[Tomuk]

Guys, thank you all for your kind contribution. I want to find out if I still can apply for naturalisaton- british citizenship on the basis of:

Got married June 2003 to eea national, myself non-eea national, we both were given 5 year residence permit. Both Applied for ILR in October 2008 (5 years residence) Due to the delays with homeoffice we have been issued with Permanent residence just now - that is 15 Months later. Which means that we have been living in uk under that visa 6years and 3 months. The question is - Do I need to wait 1 more year with ILR or can I apply right away for naturalisation since the delays were coming from Home office due to long cues - I dont see why I should be penalised. So total residence is 6 years and 3 months.

I am very greatful for your inputs

[BLK235]

Guys, thank you all for your kind contribution. I want to find out if I still can apply for naturalisaton- british citizenship on the basis of:

Got married June 2003 to eea national, myself non-eea national, we both were given 5 year residence permit. Both Applied for ILR in October 2008 (5 years residence) Due to the delays with homeoffice we have been issued with Permanent residence just now - that is 15 Months later. Which means that we have been living in uk under that visa 6years and 3 months. The question is - Do I need to wait 1 more year with ILR or can I apply right away for naturalisation since the delays were coming from Home office due to long cues - I dont see why I should be penalised. So total residence is 6 years and 3 months.

I am very greatful for your inputs

You have 2 options:

- wait 12 month and apply in your own right, i.e. no documents from your EEA sponsor

- apply now. You would need to provide evidence that your partner exercised treaty right for 6 years (5 years for PR +1 year) and proof of cohabitation for six years, marriage certificate, her passport or national ID, your passport, etc.

[Tomuk]

Thank you very much for your response.
The problem is that in the form they dont ask for any documents from my wife if its only me applying, and to be honest I dont want to do the same thing so I can be delayed again, I am aware that I need to be free of immigration restrictions for 1 year, however I fulfill the 6.3 years or 5 + 1 residency requirement since I didnt leave the country. They kept ours all documents for 15 months already due to delays and we both could do nothing, just got stuck here in UK.