Qualifying period please help!

[Swan]

Hi
I would really appreciate your opinion on our dilemma

I am a British citizen. My husband has been on a 2 year dependent visa for 2 years now and we are preparing to apply for his ILR in person soon and we have everything we need.

We need to know if my husband can apply for citizenship straight after getting his ILR in July as he has lived lawfully in the UK for 8 years before his dependent visa was issued. I will summarise the situation as much as I can
So basically:


• He came to the UK as a student in 2001 (he is a medical doctor)
• He got married to an EEA national in March 2004 and issued with a 5 years residence card starting the 1st July 2004
• They separated then got divorced officially in August 2008
• He applied for retention of the right of residence which took ages and got rejected at the end.
• We got legally married meanwhile straight after his divorce and while his case was being dealt with, our marriage was in March 2009
• We appealed for him to stay and retain his residence but got rejected, so decided to leave the UK and apply as my spouse instead.
• He left the UK on the 14th of June 2009 within 28 days of the final decision from the AIT and before his EEA 5 years permit expired (expiry 30 June2009).
• He applied as my spouse on 17th June 2009 and got his 2 years visa issued on the 9th July 2009.
• He entered the UK again on end of august and we have been living together in peace and had a baby since.


His stay outside the UK did not exceed 3 months.
Will he be able to apply for citizenship or does he have to wait another year after the ILR?

The worry is that his date of his new visa issue is 9 days later than the expiry of his 5 years permit, but the application was submitted way before (on the 17th June 2009)
Do you think he can apply for citizenship immediately after ILR considering that he has been living, studying and working in the UK lawfully for 10 years now? Does the 3 years qualifying period include the time spent before being on a spouse dependent visa?


Please help
Thanks

[Backer]

If he fulfills the following requirments, he can apply right after his ILR is approved:

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

[Swan]

If he fulfills the following requirments, he can apply right after his ILR is approved:

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

thank you Backer, I read through them and yes he satisfies all of them, the only issue is whether he is still considered to be resident when he left the uk to apply under a different category before his permit expired...
quoting from the above link

The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.

he was definitely in the uk 3 years ago it's just the fact he left and came back in a different category that is worrying us..

[vinny]

Doesn't matter

[Swan]

Doesn't matter

Thank you!