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Spouse now need to wait for 5 years for ILR instead of 2????

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Marriage | Unmarried Partners | Fiancé | Ancestry

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tbbcuk
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Spouse now need to wait for 5 years for ILR instead of 2????

Post by tbbcuk » Thu Jun 21, 2012 6:34 pm

I was told that UKBA now extending the minimum period for settlement for non-EEA spouses from two years to five years, is that ture??

That is not really fair isn't it?!!!!!


Does it also mean, when the 5 years is reached and ILR obtained, she can apply British Citizenship straight away??

vertex
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Post by vertex » Thu Jun 21, 2012 8:40 pm


geriatrix
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Re: Spouse now need to wait for 5 years for ILR instead of 2

Post by geriatrix » Thu Jun 21, 2012 10:15 pm

tbbcuk wrote:Does it also mean, when the 5 years is reached and ILR obtained, she can apply British Citizenship straight away??
No.
Life isn't fair, but you can be!

tbbcuk
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Re: Spouse now need to wait for 5 years for ILR instead of 2

Post by tbbcuk » Thu Jun 21, 2012 10:46 pm

sushdmehta wrote:
tbbcuk wrote:Does it also mean, when the 5 years is reached and ILR obtained, she can apply British Citizenship straight away??
No.

I thought the usual 3 years residential requirement for spouse on Citizenship have no restriction on whether one of the year should be under ILR etc.

So why after 5 years living in the UK (and obtain ILR after), she can't apply Citizenship straight away??

asim72
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Re: Spouse now need to wait for 5 years for ILR instead of 2

Post by asim72 » Thu Jun 21, 2012 11:34 pm

sushdmehta wrote:
tbbcuk wrote:Does it also mean, when the 5 years is reached and ILR obtained, she can apply British Citizenship straight away??
No.
Why not?

geriatrix
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Post by geriatrix » Fri Jun 22, 2012 12:05 am

Did the OP state in his opening post that he was referring to spouse of a British citizen? He only referred to "non-EEA spouse" and "she"!
In his second post he mentions "spouse on citizenship", which also leaves a lot to be imagined.

You are assuming that the person in question is a spouse of British citizen and subject to 3 year residence period and eligible immediately after ILR, and questioning why not.
I did not assume so and answered no.
Life isn't fair, but you can be!

tbbcuk
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Post by tbbcuk » Fri Jun 22, 2012 12:27 am

sushdmehta wrote:Did the OP state in his opening post that he was referring to spouse of a British citizen? He only referred to "non-EEA spouse" and "she"!
In his second post he mentions "spouse on citizenship", which also leaves a lot to be imagined.

You are assuming that the person in question is a spouse of British citizen and subject to 3 year residence period and eligible immediately after ILR, and questioning why not.
I did not assume so and answered no.
Sorry sushdmehta, my original post was not very clearly explained.

Yes, it is referring to spouse of a British Citizen (myself). I am getting married with her in Oct 2012 and I know she will be subjected under the new rule.

So is it true that in this case, after obtaining ILR in the 5th year, she should able to apply British Citizenship straight after?

Do you think there might be a chance that if the coalition government step down in the future, the new government may abolish/change this new rule?

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Post by geriatrix » Fri Jun 22, 2012 12:57 am

tbbcuk wrote:So is it true that in this case, after obtaining ILR in the 5th year, she should able to apply British Citizenship straight after?
Yes, if the British Nationality Act is not amended in the interim to increase the residence qualifying period for such applicants.
Life isn't fair, but you can be!

tbbcuk
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Post by tbbcuk » Fri Jun 22, 2012 1:08 am

sushdmehta wrote:
tbbcuk wrote:So is it true that in this case, after obtaining ILR in the 5th year, she should able to apply British Citizenship straight after?
Yes, if the British Nationality Act is not amended in the interim to increase the residence qualifying period for such applicants.

Thank you for your answer sushdmehta.
Now I am just hoping this new rule will be abolished later on (similar to what happen few years ago when they try to introduce the 'earned citizenship rule'). As I dont want my wife to enter another long immigration journey again.

asim72
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Post by asim72 » Fri Jun 22, 2012 8:38 pm

tbbcuk wrote:
sushdmehta wrote:Did the OP state in his opening post that he was referring to spouse of a British citizen? He only referred to "non-EEA spouse" and "she"!
In his second post he mentions "spouse on citizenship", which also leaves a lot to be imagined.

You are assuming that the person in question is a spouse of British citizen and subject to 3 year residence period and eligible immediately after ILR, and questioning why not.
I did not assume so and answered no.
Sorry sushdmehta, my original post was not very clearly explained.

Yes, it is referring to spouse of a British Citizen (myself). I am getting married with her in Oct 2012 and I know she will be subjected under the new rule.

So is it true that in this case, after obtaining ILR in the 5th year, she should able to apply British Citizenship straight after?

Do you think there might be a chance that if the coalition government step down in the future, the new government may abolish/change this new rule?
Does not matter who is in power, I do not see any relaxation in immigration rules. Taking into account Ed Millibands speech today, its clear immigration generally will keep getting difficult by the day.

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