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Spouse Citizenship & doubt about qualifying period claus

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ash20
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Posts: 56
Joined: Wed Apr 09, 2008 1:12 pm

Spouse Citizenship & doubt about qualifying period claus

Post by ash20 » Sun Mar 13, 2011 8:31 pm

Hi,
Iam a British Citizen , which was granted on Dec 2010. Me and my wife got ILR on Sep 2009. She entered country in Feb 2008 on dependent visa
Which means

1) She has been in UK from last 3 years
2) She has been free from Immigration from last 12 months ( ILR)
3) She has not spend more than 90 days outside UK in last 12 months or over all 270 days outside UK

according to my understanding she can apply for Citizenship ? However i have doubt with regards to Qualifying period requirement mentioned in Border agency website .

" If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period"

This clause a bit confusing to me . what does this mean ?
If anyone can please let me know the above doesnt affect my wife's application that would be great

Thank you for reading this post .

I would appreciate any helpful advice

cheers
Ash
WP + Tier 1 = 2004-2009 , ILR Success : Sept' 09
British Citizen : Dec ' 10

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
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Re: Spouse Citizenship & doubt about qualifying period c

Post by geriatrix » Sun Mar 13, 2011 9:04 pm

ash20 wrote:If anyone can please let me know the above doesnt affect my wife's application that would be great
It doesn't.
Life isn't fair, but you can be!

ash20
Junior Member
Posts: 56
Joined: Wed Apr 09, 2008 1:12 pm

Re: Spouse Citizenship & doubt about qualifying period c

Post by ash20 » Sun Mar 13, 2011 9:24 pm

Super !! Thanks Sush
Thanks for prompt reply
WP + Tier 1 = 2004-2009 , ILR Success : Sept' 09
British Citizen : Dec ' 10

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Mar 13, 2011 9:38 pm

exempt from immigration control
It is people like diplomats that are exempt from immigration control. I suspect your wife is not a diplomat!

Accordingly it appears that she can apply for Naturalisation now, and she should do so this month, before the fees go up again. Just ensure that she was physically in the UK exactly 3 years before UKBA will receive her Naturalisation application.
John

ash20
Junior Member
Posts: 56
Joined: Wed Apr 09, 2008 1:12 pm

Post by ash20 » Sun Mar 13, 2011 9:43 pm

Thanks John
No she is not diplomat , i am planning to apply before 6th april as fee might increase.
Thank you once again
WP + Tier 1 = 2004-2009 , ILR Success : Sept' 09
British Citizen : Dec ' 10

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Mar 13, 2011 9:50 pm

No, fee will increase! Currently £780, it will go up to £836 as from 06.04.11.

So your wife was in the UK completely in the period 13.03.08 to 06.04.08? Just checking to ensure there are no application dates she needs to avoid.
John

ash20
Junior Member
Posts: 56
Joined: Wed Apr 09, 2008 1:12 pm

Post by ash20 » Sun Mar 13, 2011 9:57 pm

I see !! I believe that it is still on debate to increase the fee but it is not approved as yet. Anyway i will apply before 6th April just in case.
Yes she was in country between 13-03 to 06-04. Thanks for reminding that :-)
WP + Tier 1 = 2004-2009 , ILR Success : Sept' 09
British Citizen : Dec ' 10

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Mar 13, 2011 10:03 pm

I do not know whether the vote has yet happened in Parliament, but that is just a formality. It is reasonable to assume that the fees will increase.
John

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