Breach of immigration laws for ILR - Spouse Visa

[agronl]

Hi there,

I would like to find out if my wife is eligible to apply for Naturalisation.

She was issued a spouse visa in September 2006 and she came to UK in November 2006. Then in September 2008, we applied for extending her spouse visa for another 2 years. And last year in July 2009 she applied for Indefinite Leave to Remain. She was given ILR in November 2009.

In the UKBA website, it says the following:

"Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application"

My understanding is that since she is married to myself (British citizen), she does not have to wait for 12 months from the time she was issued Indefinite Leave to Remain because she has already been in the UK for 3 years and 3 months.

Can you please clarify this?

Many thanks,

[f2k]

You understanding of the requirement is correct.
Your wife can apply today if she pleases.

[Tim555]

You understanding of the requirement is correct.
Your wife can apply today if she pleases.

There is a problem on this rule. I'm in almost same situation. From Last 6 years I'm in UK including 2 years on spouse ( british citizen ) visa and few days on ILR ( under SET-M). Today Nationality Check Service ( Waltham forest - London ) refused to give me an appointment because my ILR is not 12 months old and advised me to wait for another 12 months as I can not qualify for 3 years british spouse rule. They said home office has clearly instructed them to deal with 12 months old ILR ( for BC spouse) and there is non-refund HO fee £720.00.

[Danbrix]

Immigration time restrictions

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

The rules on the UKBA website are like what f2k confirmed.

[Tim555]

Immigration time restrictions

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

The rules on the UKBA website are like what f2k confirmed.

I agree. I dont know why did not they book appointment? And its 720.00 non-refund Home Office fee, no risk.

[f2k]

You understanding of the requirement is correct.
Your wife can apply today if she pleases.

There is a problem on this rule. I'm in almost same situation. From Last 6 years I'm in UK including 2 years on spouse ( british citizen ) visa and few days on ILR ( under SET-M). Today Nationality Check Service ( Waltham forest - London ) refused to give me an appointment because my ILR is not 12 months old and advised me to wait for another 12 months as I can not qualify for 3 years british spouse rule. They said home office has clearly instructed them to deal with 12 months old ILR ( for BC spouse) and there is non-refund HO fee £720.00.

I dont think the problem is with the rule, it is more with the NCS or the instruction given to the NCS. If i were you i would ring a couple more NCS that you can get to. you could try the ones close to Waltham e.g Hackney, haringey, Enfield, Newham, etc. See if they were say the same thing if they dont then use them. If they all insist on 1 year then you have to consider the postal route

[Tim555]

You understanding of the requirement is correct.
Your wife can apply today if she pleases.

There is a problem on this rule. I'm in almost same situation. From Last 6 years I'm in UK including 2 years on spouse ( british citizen ) visa and few days on ILR ( under SET-M). Today Nationality Check Service ( Waltham forest - London ) refused to give me an appointment because my ILR is not 12 months old and advised me to wait for another 12 months as I can not qualify for 3 years british spouse rule. They said home office has clearly instructed them to deal with 12 months old ILR ( for BC spouse) and there is non-refund HO fee £720.00.

I dont think the problem is with the rule, it is more with the NCS or the instruction given to the NCS. If i were you i would ring a couple more NCS that you can get to. you could try the ones close to Waltham e.g Hackney, haringey, Enfield, Newham, etc. See if they were say the same thing if they dont then use them. If they all insist on 1 year then you have to consider the postal route

Thanks for suggestion. I'll contact them on Monday.