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Your friend is very lucky to have a friend like you.magata wrote:Please a quick question:
In this category, is he allowed to apply for ILR 28 day before the expiry of his visa o is it different?
What is the maximum time that he can go on holiday to his country?
Any other recommendations are greatly welcome, and once again we are very grateful for genuine help a patience
Regards
Magata
magata wrote:Hi all,
I wonder if you could help us!
On the 2nd week of April 2008 this friend received his ILR through 246a access rights to a child resident in the UK. He was told that he would be eligible to apply for BC this year. According to the British nationality instructions to be able to apply under the 3 year rule ( 2 years spousal visa+ 1 year ILR) a person has to be married to a British Citizen. the question is: would he still be allowed to apply under this rule, having been separated/ and divorced from his wife or does he need to wait longer?
I appreciate your comments
magata
magata wrote:Hi
immigrationuk2009, I really appreciate it that have takeing the time reply my question. However, I would be very grateful if you could give us confirmation based on specific references, if possible ? as according to page 8 of the form AN asks the following:
Please give details of all absences from the United Kingdom during the last five years. If you are married or in a
civil partnership to a British citizen, give details for the last three years only (see page 5 of the Guide).
Also page 4-5 of the form Guide AN states the following:
If you are applying on the basis of marriage or civil partnership to a British citizen the legal
requirements are the same as
12456
above
• and you have lived in the UK for 3 years.
Therefore, my understanding is that unless married to a British Citrizen, you have to wait 5 years+1 year ILR to be eligible. I hope I am wrong
Kind regards
magata