ILE to ILR [a pathway to naturalisation]

[Ash4uk]

Hi All!

My wife is on the verge of applying for her ILR after passing her LITUK test in December. She currently has an ILE (KOL REQ). I understand ILE and ILR are in many ways the same. But I am confused to an extent as to our particular situation.

We arrived in the UK from China on November 5th 2011 after having been married and living in China together for 7 consecutive years. Therefore as we were already married overseas for 4+ years, it is a 3 year wait instead of 5 years until we can apply for her naturalisation.

Of course we want her ILR application to go smoothly.

My question is:

Does the 3 years begin from the date of entry on her ILE (November 5th 2011), or does it begin from the date that her ILR status is granted (which would be sometime this month [Jan 2012] all being well)? I'm probably missing something obvious...

Her current ILE visa settlement spouse/cp kol req is valid from 10th Oct 2011 until 10th Jan 2014.

I'm grateful as always for your help. Thank you.

Ashley

[vinny]

If you're British, then she may naturalise after completing 3 years in the UK and has ILR, etc.

[Ash4uk]

Hi Vinny,

Thanks so much for replying. I'm British, born here 1978.

To clarify, I see on the UKBA link you provided above (excerpt of):

Residential requirements

- have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
- have been present in the United Kingdom three years before the date of your application; and

This suggests that the date my wife entered the UK on her ILE (November 5th, 2011) is indeed the first day of the three years before naturalisation can be applied for. Therefore it is not from the day she is granted her ILR since ILE are ILR are the same thing except for the need to pass the LITUK test after having arrived in the UK.

Am I correct in my thinking?

Thank you again.

Ashley

[Casa]

It's from the day your wife entered the UK on her ILE visa.

[Greenie]

sorry to be pedantic, but your wife does not currently have ILE, if she did there would be no reason to apply for ILR. She has limited leave to enter. her entry clearance should say "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1”. it should not say indefinite leave to enter.

That said, the date she entered the UK on her current entry clearance is the start date for the 3 year's residence for BC as others have already confirmed.