Some help please

[AAA2]

Hello

I would like some help regarding my dates. I have booked an appointment on Monday for the NCS but the information is confusing. I met my now husband in my home country in 2005 and he is a British Citizen from birth. Here are the Visas I have had:

Jan 2006 - Jun 2006 - tourist Visa
Sep 2006 - May 2008 - Student Visa
9th Jun 2008 - granted 2 year resident visa based on marriage
15th Jun 2008 - Arrived in the UK
22nd Jun 2010 - ILR granted
13 Jun 2011 - NCS appointment

I have lived in the UK for the past 5 years on the visas above and was granted resident over three years ago based on my marriage to BC. I have fulfilled other criteria in terms of life in uk test and absences. I have the following questions because im still unsure if elligable:

1) I will come under the 12 month ILR by 8 days on my application (assuming NCS send for the next day). However it seems to suggest this 12 months does not matter for married as long as the 3 years is complete, is this correct?
2) Will my student visa be accepted as long term?
3) My resident visa will be over 3 years on application date but my arrival date will be 1 day out (assuming NCS send for the next day). Will the date be based on my visa date or arrival date considering I have previous tourist and student visas?
4) Would the NCS delay sending my application or is it a strict policy organisation?

It is clear that if I had waited until after 22/06/11 I will definately qualify but I have booked the NCS appointment, waited weeks for it and booked holiday from work.

Regards

A

[ddb]

See http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/ . Hope it helps.

[ddb]

Based on you just entering the UK on 15 Jun 2008, I think you might be cutting it thin but given your immigration history, discretion might be exercised.

Others please comment.

[AAA2]

Thank you for the initial replies. I have extensively. Read though the dounebtation but it is still not clear. I have found some references that say the last 12 months do not apply to married to BC, so that just makes it a couple of days, I have not left for more than 40 days a year for the past 5 and half years. To break it down to the basics assuming the last 12
Months don't count for married couples:

1) If they base it on my 2 year resident permit and 1 year ILR date I will be fine?

2) if they include student visa then I will be fine. Do they include student time?

3)if they base it on my arrival back into the Uk 3 years ago and not visa issue date and don't include my student visa then I will be 2 days short and
may have an issue?

Regards

A

[ddb]

1) If they base it on my 2 year resident permit and 1 year ILR date I will be fine?

Yes

2) if they include student visa then I will be fine. Do they include student time?

No

3)if they base it on my arrival back into the Uk 3 years ago and not visa issue date and don't include my student visa then I will be 2 days short and
may have an issue?

That's why I made the comment about cutting it thin, and maybe discretion might be exercised.

[John]

discretion might be exercised

Unfortunately as regards this particular rule, UKBA do not have a discretion. The rule is, on the facts, either passed or failed.

AAA2, for let's look at the facts. You tell us "15th Jun 2008 - Arrived in the UK". You are going to NCS on 13th June 2011. Let's assume that NCS posted the application to UKBA in Liverpool that day it would arrive on Tuesday 14th June. That date would represent the very end of the 3-year qualifying period. That is, the period would be from 15th June 2008 to 14th June 2011.

What I am not sure about is this. You entered the UK on 15th June 2008. That is, you were not in the UK at the beginning of that day. Does that matter? I don't know. Other opinions very welcome.

If NCS are not sure, maybe you could ask them to retain the papers there in their office until Tuesday, because clearly the rule would then be passed.

[AAA2]

Thank you for your replies.

John, when I say I arrived in the UK in 15th June 2008, that was for the start of my 2 year resident permit which was issued on the 9th June 2008. I was only gone 3 weeks that period to get married and was previously on student visa doing an MBA for 2 years previous and my main residence was the UK. Would that make any difference?

I think your advice to ask the NCS to wait is a good idea.

Regards

A

[ddb]

when I say I arrived in the UK in 15th June 2008, that was for the start of my 2 year resident permit which was issued on the 9th June 2008.

Was this issued in-country? If it was then I think you've met the residence requirement (as per your time as a student should also be taken into account in my opinion).

[John]

Would that make any difference?

Would what make a difference? You were either in, or out, of the UK on a particular day.

Such a shame you did not apply for your Naturalisation shortly after getting your ILR last June.

[Slightly]

I may be wrong, but isn't the date of application considered to be the same as the date of an NCS appointment? I ended up sending my application by post, as I was told the above by the NCS Council employee after I booked my appointment for a date 5 years before which I was absent from the UK.
Apologies for the rather poorly constructed sentences, I'm blaming exam stress/fatigue!

[vinny]

Date of application is the date your application is received by the UKBA, not the NCS.

[AAA2]

Thanks again for all the replies.

Ddb - unfortunately my 2 year spouse resident visa was issued in another country on 9th June 2008 and I got flight back to England on 15 th June. My ILR was issued in England.

John - No I was not be in the UK on the 14th June 2008 if UKBA receive it on 14th June 2011, so hopefully they NCS delay te application. In difference I meant will my previous student visa make a difference because that shows I was in the Uk for 2 years prior to my spouse resident visa, in the past 5.5 years my passports clearly show I reside in the UK. Could I have applied last June aftert ILR? If so I should not have an issue now, I can't find anywhere in the documentation that states a particular date 3 years prior.

Vinny thank you, you are correct, it is the date received by the UKBA

Regards

A

[John]

Could I have applied last June aftert ILR? If so I should not have an issue now, I can't find anywhere in the documentation that states a particular date 3 years prior.

You are misunderstanding the rule being discussed here. Based upon what you have posted, you could have applied say last June or July, shortly after getting your ILR. But that does not assist you now.

The rule is very simple .... were you physically in the UK exactly at the start of your qualifying period? Yes or no .... simple as that.

[vinny]

Start of the residential qualifying period (3(a)).

[pennylessinindia]

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/


whilst a bit wordy does clearly show what Johns is saying and it clearly warns that this is where people fall down. So I do not think discretion is used at all. My interpretation would be if you were not in the UK on the exact date 3 years ago to the date of the application you scuppered. Do correct me if I am wrong.

OK vinny and I were typing at the same time!!

[John]

So I do not think discretion is used at all.

Just to emphasise this again, as regards this particular rule, UKBA have no discretion, that is the legislation does not allow them to exercise a discretion, about this particular rule.

For some other rules, for example where the person has been out of the UK for more than 90 days in the last year of their qualifying period, UKBA can exercise a discretion ...... but as regards whether the person was in the UK at the beginning of their qualifying period .... no discretion!

[AAA2]

Thank you

I think you are right and ironically I could have applied most days in the past year. I had based it on visa date of June 9th 2008. So I will be 1 day out if the NCS send it same day but hopefully they will delay it for a day or two to be safe. the notes are not clear but there seems to be a 10 day buffer period of when they actually review it and not just recieved it. I will still go to the NCS on Monday and explain the situation, hopefully they will delay it for a couple of days for practicality instead if rejecting us and require us to wait for another appointment and cost.

I will update with the result

Thanks again for all your help.

[John]

I had based it on visa date of June 9th 2008.

You were inventing a rule that does not exist. When talking about a Naturalisation application any legal time in the UK is OK, even time in the UK as a visitor.

So I will be 1 day out if the NCS send it same day

As I posted yesterday, at 10:06pm, I am not sure that is the case. It depends upon whether any time in the UK on the day in question is OK, or has the person got to be in the UK for the whole of the day? Opinions on that very welcome.

[AAA2]

Hello

I submitted it successfully today. It cost me £60 for the NCS. They only send the documents once a week on a Friday so worked out well for us as my application date will now be 20th June. She confirmed I could have applied 1 day after my ILR but was not sure about not being present in the UK on 14th June 2008 because I have had been here since 2006.

The section requesting when you first arrived with intention of a long period she said it should be my very first entry 29/01/06 so I also could apply based on 5 years.

My marriage certificate is not a UK certificate but is an international certificate in two languages but not English so she asked my to get a translation despite it being accepted for my ILR. The translation is a simple one from a friend, does not have to be official and is just to make it easier for the agent.

Thank you for all of your help

Regards

A

[ddb]

That's good news AA2! Nice to read that it worked out after all .

All the best in the future.