residential qualifying period

[maria_zhang]

Hi everyone,

I wonder if anyone could help me to clear of my thoughts on this point.

Regarding residential qualifying period, on the requriement it says 'You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period', I am not sure if my case would be ok with this requirement, please have a look and help me!

I am waiting for my settlement to come back and as soon as it's back I can apply for naturalisation as my husband is british. But from Nov 2010 - Feb 2011, I have a 4 months gap when I was fighting over my visa with HO, as they wouldn't give me the spouse visa when they should have. But I got the visa afterwords. Would this effect on my Naturalisation application since I have been in the UK for 11 years lawfully and only that 4 months was in question mark?

Thanks to anyone could help me to clarify this.

Maria

[Jambo]

What do you mean "fighting with the HO"?

Was this from within the UK or outside the UK? Did you have a valid visa for that time? Or have you made the application on time and then appealed the decision?

[maria_zhang]

What do you mean "fighting with the HO"?

Was this from within the UK or outside the UK? Did you have a valid visa for that time? Or have you made the application on time and then appealed the decision?

It was within the UK. And when I made my application, I had a valid visa, but by the time I received the refusion, my visa was expired and I wasn't allowed to appeal the decision. But my solistor appeal to that i wasn't allow to appeal the decision, while this was happening, i didn't have any valid visa. Then we went on the court and the court went to Home office side, said i can't appeal. Then my solistor decided to get the letter (i don't know the name) which was bacially they ordered me to leave the country. Then my solictor sent the letter to tell Home Office that we were willing to go on the court to appeal to this letter as it's against my human right (back then my daughter was not even 1 year old yet who is british as well), after that Home office decided to give me the visa. Sorry made it so detailled, just don't know how to explain my case, it was quite complicated. Hope this would help you understand more of my case though.

Thanks for your time.

[Jambo]

Also if the spouse visa was granted in Feb 2011, how are you able to make an application for settlement now? Or are you applying for settlement under a different visa category?

[maria_zhang]

Also if the spouse visa was granted in Feb 2011, how are you able to make an application for settlement now? Or are you applying for settlement under a different visa category?

yes, I applied by 10 years rule.

[Jambo]

If you read the whole paragraph, you will see what is the meaning of exempt from immigration control

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.

so this is not relevant in your case. However there is a requirement that you haven't been in breach of immigration laws during your stay which might relate to your case. If your ILR application is successful, then the HO has recognised your stay as legal during the 10 years and I see no problem meeting the requirement when applying for naturalisation.

[maria_zhang]

Thank you for your opinion!