QUICK Q: 3 Year Requirement Marriage Visa to Naturalisation

[kurt123]

Hi there,

I just want to clarify one thing. Do you have to be holding the perm res/ILR during the 3 year residency requirement for marriage visa to naturalisation ?

I intend to get a Marriage Visa with a British Citizen, but because we won't been married for four years prior to entering the UK, I will be on probation for 2 years before I get my perm/ILR. So after getting my perm res/ILR for 1 year, am I able to apply for naturalisation? Any knowledge would greatly help. Thanks !

[JulesN19]

To apply as the spouse of a British citizen, you must have been lawfully present in the UK for three years and you must have indefinite leave to as of the date of the application.

If you successfully apply for a marriage visa now, then you will be given limited leave and you will be two years away from being given ILR on the basis of your marriage. (Before the expiration date on your ILR, you will need to apply for indefinite leave and provide evidence that you have been living together and have sufficient resources to support yourselves.)

Exactly when you get to apply for naturalisation depends on whether you spent any time in the UK in the year before you get your marriage visa. If you were lawfully in the UK in some other capacity (such as a fiance or student) then you can count that time as part of the three years. However, you will not be eligible for naturalisation before you are granted ILR.

[kurt123]

To apply as the spouse of a British citizen, you must have been lawfully present in the UK for three years and you must have indefinite leave to as of the date of the application.

If you successfully apply for a marriage visa now, then you will be given limited leave and you will be two years away from being given ILR on the basis of your marriage. (Before the expiration date on your ILR, you will need to apply for indefinite leave and provide evidence that you have been living together and have sufficient resources to support yourselves.)

Exactly when you get to apply for naturalisation depends on whether you spent any time in the UK in the year before you get your marriage visa. If you were lawfully in the UK in some other capacity (such as a fiance or student) then you can count that time as part of the three years. However, you will not be eligible for naturalisation before you are granted ILR.

I was a student, am on Post-study worker now, but to my understanding it does not count towards immigration anyway.

If I understand you correctly, I DO NOT have to have 3 years of perm residency before applying to naturalisation. Assuming I stay in the UK for 3 years, 2 years on limited leave marriage visa and 1 year on perm residency, then I am eligible to apply for naturalisation? assuming i meet all other requirements

Basically, I would like to know if the process takes 3 years (2+1) or 5 years (2+3).

[JulesN19]

The procedure is as I said: A spousal visa will give you two years' limited leave to remain. At the end of the two years', you should get ILR. As a spouse of a British citizen, you can normally get naturalisation if you have been in the UK legally for three years and you have ILR when you apply.

If you were legally in the UK for a year or longer before getting your spousal visa, then that time does count as part of the three years. It does not matter that you were in a category that does not normally lead to permanent residence. Thus, you might be able to apply for naturalisation immediately after you get ILR and the process for you may well take two years from the grant of your spousal visa.

[kurt123]

The procedure is as I said: A spousal visa will give you two years' limited leave to remain. At the end of the two years', you should get ILR. As a spouse of a British citizen, you can normally get naturalisation if you have been in the UK legally for three years and you have ILR when you apply.

If you were legally in the UK for a year or longer before getting your spousal visa, then that time does count as part of the three years. It does not matter that you were in a category that does not normally lead to permanent residence. Thus, you might be able to apply for naturalisation immediately after you get ILR and the process for you may well take two years from the grant of your spousal visa.

Thanks for your post, that's interesting

[SAKSHI007]

The procedure is as I said: A spousal visa will give you two years' limited leave to remain. At the end of the two years', you should get ILR. As a spouse of a British citizen, you can normally get naturalisation if you have been in the UK legally for three years and you have ILR when you apply.

If you were legally in the UK for a year or longer before getting your spousal visa, then that time does count as part of the three years. It does not matter that you were in a category that does not normally lead to permanent residence. Thus, you might be able to apply for naturalisation immediately after you get ILR and the process for you may well take two years from the grant of your spousal visa.

Thanks for your post, that's interesting

Hi There ,

I am in a similiar situstion as you but bit diffrent ,
My case as below ,

APR 2005 -APR 2007 on Working Holiday Maker Visa

APR2007- JUNE 2008 INDIA

JULY 2008 - NOV 2009 In UK on Student Visa

DEC 2009 - DEC 2011 Spouse visa .

I know I could apply for ILR on 8 Nov 2011

My Question is -

Could I apply for Naturalisation straightaway when I get my ILR .

as my wife has ILR at the moment but she does not want take a BC .

Does the Naturalisation rule apply for the spouse of ILR holder and spouse of BC or just spouse of BC .

Senior please through some light on my case .

Regards

funmanuk

[MPH80]

Just spouse of BC - if your spouse doesn't hold BC - you must fulfill the standard british citizenship requirements (5 years + 1 year ILR)

M.

[SAKSHI007]

Just spouse of BC - if your spouse doesn't hold BC - you must fulfill the standard british citizenship requirements (5 years + 1 year ILR)

M.

MORE DETAILS IF THAT HELPS TO FIGURE OUT NAT DATE

My dad applied for ILR in 2007 adding me as dependent children
he got ILR but I was refused ILR and given discretionary , reson given i did not complete 14 years and not under 18years

So Tecnically speaking my first application was logged in year Jan2007 .

QUESTION PLEASE -

DO I BECOME LEGAL FROM THE DATE MY APPLICATION WAS RECEIVED BY HOME OFFICE IN 2007 ?????????

IF YES . COULD I COUNT MY RESIDENTIAL PERIOD OF 5 YEARS FROM THAT DATE IN 2007 .

OR FROM THE DATE I GOT MY DISCRETIONARY LEAVE IN MAY 2008

PLEASE LET ME KNOW AT THE EARLIEST WHEN CAN I APPLY FOR NAT.

These are question from my wife .

[SAKSHI007]

Just spouse of BC - if your spouse doesn't hold BC - you must fulfill the standard british citizenship requirements (5 years + 1 year ILR)

M.

MORE DETAILS IF THAT HELPS TO FIGURE OUT NAT DATE

My dad applied for ILR in 2007 adding me as dependent children
he got ILR but I was refused ILR and given discretionary , reson given i did not complete 14 years and not under 18years

So Tecnically speaking my first application was logged in year Jan2007 .

QUESTION PLEASE -

DO I BECOME LEGAL FROM THE DATE MY APPLICATION WAS RECEIVED BY HOME OFFICE IN 2007 ?????????

IF YES . COULD I COUNT MY RESIDENTIAL PERIOD OF 5 YEARS FROM THAT DATE IN 2007 .

OR FROM THE DATE I GOT MY DISCRETIONARY LEAVE IN MAY 2008

PLEASE LET ME KNOW AT THE EARLIEST WHEN CAN I APPLY FOR NAT.

These are question from my wife .

Extremely Sorry for the caps log , and just to let you know I have been granted ILR on 19 Nov 2009 .

[MPH80]

Ok - your case isn't clear - here's the first version:

APR 2005 -APR 2007 on Working Holiday Maker Visa
APR2007- JUNE 2008 INDIA
JULY 2008 - NOV 2009 In UK on Student Visa
DEC 2009 - DEC 2011 Spouse visa .

then the second:

ILR application in 2007 - declined - but given discretionary leave in May 2008.
ILR granted 19 Nov 2009

So which one is it? If you had discretionary leave - why did you then get a student visa?

Please state, once and for all, clearly where you were and on what visa status over the last 5 years.

M.

[SAKSHI007]

Ok - your case isn't clear - here's the first version:

APR 2005 -APR 2007 on Working Holiday Maker Visa
APR2007- JUNE 2008 INDIA
JULY 2008 - NOV 2009 In UK on Student Visa
DEC 2009 - DEC 2011 Spouse visa .

then the second:

ILR application in 2007 - declined - but given discretionary leave in May 2008.
ILR granted 19 Nov 2009

So which one is it? If you had discretionary leave - why did you then get a student visa?

Please state, once and for all, clearly where you were and on what visa status over the last 5 years.

M.

Recent case history is my wifes . she has an ILR and I on on a spouse visa valid till 8dec2011 .

If you could please let me know when my wife would qulify for BC and then when she gets her BC when would I be eligible .

[MPH80]

Under what criteria was your wife pre Jan 2007?

[SAKSHI007]

Under what criteria was your wife pre Jan 2007?

She was illegal here .

[MPH80]

Then the earliest your wife can apply if 5 years from the point she became legal - which is May 2008 - so May 2013.

On your side - the earliest you can apply is Nov 2012 (one year after your ILR).

That would actually mean, assuming you were then a citizen, your wife could apply for it immediately after you are naturalised, but that would save her just 6 months on waiting on her own right.

M.

[SAKSHI007]

Then the earliest your wife can apply if 5 years from the point she became legal - which is May 2008 - so May 2013.

On your side - the earliest you can apply is Nov 2012 (one year after your ILR).

That would actually mean, assuming you were then a citizen, your wife could apply for it immediately after you are naturalised, but that would save her just 6 months on waiting on her own right.

M.

Thanks for the detail reply , however I have been told that her date starts from jan 2007 when she loged the application to get legalised .

That there are some exemption in her case as ahe started the legalisation process in jan 2007 and it is not her fault that it took a ayear for the home office to grant her Dis leave in may 2008 .

So it was a delay on home office part and they would give a levay to count her residential period from jan 2007 .

There is a rule and exception in the law in her case which i am looking for
if any senior member could throw some light on her case .
Cause to 3 different lawer she could apply any time in feb 2012 when she completes her 5 years legal stay . The lawyers wont tell us , as they look for some heafty fee , so I am looking for the information here .


Many thanks

[MPH80]

That's now beyond my level of knowledge. But I'd be surprised if that were the case.

[SAKSHI007]

That's now beyond my level of knowledge. But I'd be surprised if that were the case.

Any Senior Members would you like to share your expertise .