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eligibilty of naturalization after spouse visa and ilr

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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zainoor1
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eligibilty of naturalization after spouse visa and ilr

Post by zainoor1 » Mon Jan 14, 2013 4:57 pm

hi..
please write me back that am i eligible for british nationality bcause some people said yes and some said no so im seeking advice before apply

there is fee of almost £850 so i don,t wana loose it. my case is as,

i came in uk as student visa on = september, 2007

then i got certificate of approval in october,2009 for marriage while i was still on student visa.

then i registered my marriage in december, 2009 in registerar office. but i was still on student visa.

in march,2010 i got two years spouse visa.

then july,2012 i got ILR.

im still living with my family and we have two kids,

some solicitors advice me that i am eligible to apply for naturalization/british nationality because i ,ve completed three years from date of marriage to current date and i don,t

need to wait one year after ilr. and im not out of uk more than 90 days in three years,

but some told me that i have to wait one year from the date of when i received my ilr.

so im confused now and i just need your help as confirmation that

am i eligible or not now.

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CR001
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Post by CR001 » Mon Jan 14, 2013 7:08 pm

If you have been resident for 3 years with valid visas throughout that time, you can apply now as spouse of BC without waiting 12 months on ILR.

When you applied for spouse visa and it was issued, was your student visa still valid?
Char (CR001 not Casa)
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zainoor1
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Post by zainoor1 » Mon Jan 14, 2013 7:31 pm

CR001 wrote:If you have been resident for 3 years with valid visas throughout that time, you can apply now as spouse of BC without waiting 12 months on ILR.

When you applied for spouse visa and it was issued, was your student visa still valid?
yes ..my visa was valid and i applied for spouse visa in jan,2010 and student visa was till march,2010.

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CR001
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Post by CR001 » Mon Jan 14, 2013 7:34 pm

then you can apply now on basis of Spouse of BC, as you have been resident for 3 years with valid visas. Absences must not be more than 270 days in the 3 years or 90 days in the last 12 months.

Good luck
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vinitmanu
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Post by vinitmanu » Mon Jan 14, 2013 7:34 pm

zainoor1 wrote:
CR001 wrote:If you have been resident for 3 years with valid visas throughout that time, you can apply now as spouse of BC without waiting 12 months on ILR.

When you applied for spouse visa and it was issued, was your student visa still valid?
yes ..my visa was valid and i applied for spouse visa in jan,2010 and student visa was till march,2010.
Also make sure you meet all the standard requirements for naturalisation

zainoor1
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Post by zainoor1 » Mon Jan 14, 2013 7:36 pm

CR001 wrote:then you can apply now on basis of Spouse of BC, as you have been resident for 3 years with valid visas. Absences must not be more than 270 days in the 3 years or 90 days in the last 12 months.

Good luck
so you mean they will count from the date of english marriage , december,2009 ?

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CR001
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Post by CR001 » Mon Jan 14, 2013 7:39 pm

They will count exactly 3 years to the day fromwhen they receive the application.
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zainoor1
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Post by zainoor1 » Mon Jan 14, 2013 7:41 pm

CR001 wrote:They will count exactly 3 years to the day fromwhen they receive the application.
so you mean spouse visa date or ilr is not related to my case.

they will only count from my english marriage date to onward three years.

not from spouse visa or ilr.

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Post by CR001 » Mon Jan 14, 2013 7:44 pm

It depends when you apply on what date they apply to you for residential requirements.

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

So of UKBA receive your application on say 15th March 2013, you must have been physically present and resident with any valid visa on 16th March 2010.
Char (CR001 not Casa)
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zainoor1
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Post by zainoor1 » Mon Jan 21, 2013 5:05 pm

CR001 wrote:It depends when you apply on what date they apply to you for residential requirements.

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

So of UKBA receive your application on say 15th March 2013, you must have been physically present and resident with any valid visa on 16th March 2010.
actually i booked appointment with documents checking service and they told me to bring my all previouse home office leave to remain in uk proof but i,ve only student visa stumps on my passport till january,2009. then i been issued bio metric card for extension on student visa and then same bio metric card on spouse visa which i don,t have copies or proof with me bcaz each time i applied for visa they kept bio metric card with them. so now how i can show them that i was legal in uk bcz i don,t have copies.

and i tried to ring home office but no one answered and call terminate itself after message or they say we are very busy.

but document checking service lady told me that she neet to see the proof of my stay that i was legal in uk upto the ilr.

please help . what should i do.

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