ILR Approved letter but No Sticker / Vignette, why?

[sh1981]

Hi,

I got my ILR approval letter today saying its been approved however the sticker / vignette is still the old spouse visa one.

If a BRP is meant to replace a sticker, can someone please point me to the page on UKBA website where it says so? I can't seem to find a link on UKBA website saying a BRP is a replacement for a vignette.

Also my spouse visa expired on 09/12/2012, does that mean I can apply for a passport in one year from that date, i.e on 09/12/2013?

[cs95tdg]

Did you not receive a letter stating that you will receiving your BRP within 7 working days along with your approval letter?

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want. Is your question perhaps related to naturalisation & your subsequent British Passport application? I.e. rather than a passport for your current nationality? If so you should begin by reading: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

The following link explains that your BRP will be used as proof of your right to stay in the UK. Where it explicitly says visa vigenettes & ILR stamps were replaced by BRPs I do not know. http://www.ukba.homeoffice.gov.uk/visas ... ement/brp/

[shahid2000]

It looks like somebody did not read the form guidance completely

[sh1981]

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want.

I thought one can only apply for passport / naturalisation once they have spent at least 1 year on ILR. Isnt that true?

If that is true, my question was when does this time begin. I mean technically as you can see from my signature, spouse visa expired on 09/12/2012. So if i get my BRP say after a week from now, on 12/03/2013, then will i be eligible for naturalization on 12/03/2014 or 09/12/2013?

Also i do understand a brp replaces a visa/vignette sticker but i was kind of wondering why my spouse visa vignette is still there on the passport, it just doesnt look nice if you will i wanted an ilr sticker on it

[Gagan1986]

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want.

I thought one can only apply for passport / naturalisation once they have spent at least 1 year on ILR. Isnt that true?

If that is true, my question was when does this time begin. I mean technically as you can see from my signature, spouse visa expired on 09/12/2012. So if i get my BRP say after a week from now, on 12/03/2013, then will i be eligible for naturalization on 12/03/2014 or 09/12/2013?

Also i do understand a brp replaces a visa/vignette sticker but i was kind of wondering why my spouse visa vignette is still there on the passport, it just doesnt look nice if you will i wanted an ilr sticker on it

Your BRP card will have a start date when you ILR was approved. If your approval letter dates 5th March, your time towards naturalisation will start from 5Th March

[sh1981]

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want.

I thought one can only apply for passport / naturalisation once they have spent at least 1 year on ILR. Isnt that true?

If that is true, my question was when does this time begin. I mean technically as you can see from my signature, spouse visa expired on 09/12/2012. So if i get my BRP say after a week from now, on 12/03/2013, then will i be eligible for naturalization on 12/03/2014 or 09/12/2013?

Also i do understand a brp replaces a visa/vignette sticker but i was kind of wondering why my spouse visa vignette is still there on the passport, it just doesnt look nice if you will i wanted an ilr sticker on it

Your BRP card will have a start date when you ILR was approved. If your approval letter dates 5th March, your time towards naturalisation will start from 5Th March

You sure about this? I thought you have to be present in UK 3 years with 1 year of holding ILR to be able to qualify for naturalization.

In any case if my approval letter is 5th march 2013, and my spouse visa ended on 9th dec 2012, then technically thats 3 months lost.

so if what you're saying is correct then that would mean i'd be eligible for naturalization on 5th march 2014, which would make me resident in UK for 3 years 3 months, and i thought only 3 yrs was required.

what am i missing?

[Gagan1986]

I don't know your full immigration history.

My comment was made in general sense about when your one year towards Naturalisation will start that being one year from approva letter date.

[Gagan1986]

If you have been legally resident in the UK for 3 years, you can apply immediately after you get ILR for naturalisation as spouse of BC. Any valid visa status counts towards the qualifying of 3 years

[cs95tdg]

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want. Is your question perhaps related to naturalisation & your subsequent British Passport application? I.e. rather than a passport for your current nationality? If so you should begin by reading: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

1) I thought one can only apply for passport / naturalisation once they have spent at least 1 year on ILR. Isnt that true?

If that is true, my question was when does this time begin. I mean technically as you can see from my signature, spouse visa expired on 09/12/2012. So if i get my BRP say after a week from now, on 12/03/2013, then will i be eligible for naturalization on 12/03/2014 or 09/12/2013?

2) Also i do understand a brp replaces a visa/vignette sticker but i was kind of wondering why my spouse visa vignette is still there on the passport, it just doesnt look nice if you will i wanted an ilr sticker on it

1) It would help if you read my complete response (text in blue) and the information under the UKBA link provided, rather than just part of my response. Economic Migrants can only apply for naturalisation after 1 year from gaining ILR. Different rules apply to those who obtained ILR as the spouse of a Settled Person/BC. The link provided clearly outlines the residential requirements:
In order to demonstrate the residential requirements for naturalisation you need to:
a) have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
b) have been present in the United Kingdom three years before the date of your application; and
c) have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
d) have not been in breach of the immigration rules at any stage during the three-year period.
e) You must be free from immigration time restrictions on the day you make your application.
2) Not quite sure what you want here or mean. The UKBA will not stamp your passport with an ILR stamp, because you think it's not nice to still have your expired spouse visa vignette in it.

Please read the UKBA material, as it will help answer standard questions such as the ones raised here. There is also a FAQ sticky thread for BC which should help you: http://www.immigrationboards.com/viewtopic.php?t=95747

[sh1981]

If you have been legally resident in the UK for 3 years, you can apply immediately after you get ILR for naturalisation as spouse of BC. Any valid visa status counts towards the qualifying of 3 years

are you absolutely sure about this? I thought you have to have 1 year ILR before you can even think of applying for naturalization!

[sh1981]

I don't know your full immigration history.

My comment was made in general sense about when your one year towards Naturalisation will start that being one year from approva letter date.

but if thats true then what happened to my 3 months between the time my spouse visa ran out and the time i got my approval letter? do they not count at all? why?

[sh1981]

Economic Migrants can only apply for naturalisation after 1 year from gaining ILR. Different rules apply to those who obtained ILR as the spouse of a Settled Person/BC.

so if i go by what you are saying, which contradicts what the other guy above said, it means my 3 months do count. my history is in my signature below. basically all i was wondering was when would i be eligible for naturalization application. so going by what youre saying, i should be eligible to apply on 09/12/2013, which is one year after 09/12/2012, the date my spouse visa ran out, which was obviously for 2 years, and considering i was here all along for 2 years.

[cs95tdg]

If you have been legally resident in the UK for 3 years, you can apply immediately after you get ILR for naturalisation as spouse of BC. Any valid visa status counts towards the qualifying of 3 years

are you absolutely sure about this? I thought you have to have 1 year ILR before you can even think of applying for naturalization!

Reading the following should help. You are clearly confusing the requirements for those applying as economic migrants, with the requirements for those applying as the spouse of a settled person/BC. The requirements for each are very different:

When you can apply for a passport has nothing to do with your LTR expiry date. You can apply for one anytime you want. Is your question perhaps related to naturalisation & your subsequent British Passport application? I.e. rather than a passport for your current nationality? If so you should begin by reading: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

1) I thought one can only apply for passport / naturalisation once they have spent at least 1 year on ILR. Isnt that true?

If that is true, my question was when does this time begin. I mean technically as you can see from my signature, spouse visa expired on 09/12/2012. So if i get my BRP say after a week from now, on 12/03/2013, then will i be eligible for naturalization on 12/03/2014 or 09/12/2013?

2) Also i do understand a brp replaces a visa/vignette sticker but i was kind of wondering why my spouse visa vignette is still there on the passport, it just doesnt look nice if you will i wanted an ilr sticker on it

1) It would help if you read my complete response (text in blue) and the information under the UKBA link provided, rather than just part of my response. Economic Migrants can only apply for naturalisation after 1 year from gaining ILR. Different rules apply to those who obtained ILR as the spouse of a Settled Person/BC. The link provided clearly outlines the residential requirements:
In order to demonstrate the residential requirements for naturalisation you need to:
a) have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
b) have been present in the United Kingdom three years before the date of your application; and
c) have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
d) have not been in breach of the immigration rules at any stage during the three-year period.
e) You must be free from immigration time restrictions on the day you make your application.

[cs95tdg]

Economic Migrants can only apply for naturalisation after 1 year from gaining ILR. Different rules apply to those who obtained ILR as the spouse of a Settled Person/BC.

so if i go by what you are saying, which contradicts what the other guy above said, it means my 3 months do count. my history is in my signature below. basically all i was wondering was when would i be eligible for naturalization application. so going by what youre saying, i should be eligible to apply on 09/12/2013, which is one year after 09/12/2012, the date my spouse visa ran out, which was obviously for 2 years, and considering i was here all along for 2 years.

It appears you aren't grasping whats being said here. I am not saying anything different to what Gagan has stated. I've just provided you the UKBA references to read, with the intent of making you understand yourself.

If you made an in-time ILR application (before your spouse visa expired), then anytime between the spouse visa expiring and the UKBA approving your ILR will be considered lawful residence. I.e covered by S3C.

Why don't you tell us the following if you want an explicit answer on when you will be eligible to apply for naturalisation:
1) Date of EC visa
2) Date you first entered the UK
3) Date you were granted ILR

[Gagan1986]

Economic Migrants can only apply for naturalisation after 1 year from gaining ILR. Different rules apply to those who obtained ILR as the spouse of a Settled Person/BC.

so if i go by what you are saying, which contradicts what the other guy above said, it means my 3 months do count. my history is in my signature below. basically all i was wondering was when would i be eligible for naturalization application. so going by what youre saying, i should be eligible to apply on 09/12/2013, which is one year after 09/12/2012, the date my spouse visa ran out, which was obviously for 2 years, and considering i was here all along for 2 years.

It appears you aren't grasping whats being said here. I am not saying anything different to what Gagan has stated. I've just provided you the UKBA references to read, with the intent of making you understand yourself.

If you made an in-time ILR application (before your spouse visa expired), then anytime between the spouse visa expiring and the UKBA approving your ILR will be considered lawful residence. I.e covered by S3C.

Why don't you tell us the following if you want an explicit answer on when you will be eligible to apply for naturalisation:
1) Date of EC visa
2) Date you first entered the UK
3) Date you were granted ILR

SH1981 - You seriously arent getting the hack of it, are you?

State the dates pls as requested by the guru above to get a proper answer.

Where in your signature states your EC visa date and date you first entered the UK?

[sh1981]

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

whats the difference between resident and present?

c) have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
d) have not been in breach of the immigration rules at any stage during the three-year period.
e) You must be free from immigration time restrictions on the day you make your application.[/i][/color]

so 270 days..lets see, thats 9 months? so if i spend 9 months outside uk, which i wont, but considering i did, then technically though i would have arrived 3 years ago on 09/12/2013, but, i would not be 'present' for all of these 3 yrs therefore violating condition (b) above. OR, would i really? cause (c) says i can spend up to 270 days!

[sh1981]

Reading the following should help. You are clearly confusing the requirements for those applying as economic migrants, with the requirements for those applying as the spouse of a settled person/BC. The requirements for each are very different

there you go, thats it, thats where my confusion lied! but come to think of it it comes to the same result anyway since my visa ..a spouse visa, was for 2 yrs and i'd have to wait one more year for me to be present here for 3 yrs! got it now

[sh1981]

If you made an in-time ILR application (before your spouse visa expired), then anytime between the spouse visa expiring and the UKBA approving your ILR will be considered lawful residence. I.e covered by S3C.

whats S3C?
anyway good that means i can apply on 09/12/2013

Why don't you tell us the following if you want an explicit answer on when you will be eligible to apply for naturalisation:
1) Date of EC visa

ive put down in my signature my details. spouse visa (2 yrs 3 months) expired on 09/12/2012, so minus 2 yrs 3 months from it.

2) Date you first entered the UK

a month after i got my visa, i think 24 days to be exact

3) Date you were granted ILR

today, i think. i got my approval letter. does that mean i got my ilr today? or the day i get my brp is the day i get my ilr?
or technically, shouldnt my ilr begin from 09/12/2012, i.e the date my spouse visa ended, cause i applied 4 days before it ended. (all in my signature)

[Gagan1986]

Your ILR date starts from 5th march but as you are a spouse of BC, you will be eligible to apply as soon as you complete 3 years of residency in the UK I.e 9/12/13

[sh1981]

Where in your signature states your EC visa date and date you first entered the UK?

well i sorta thought you'd figure it out it was a 2 yr 3 months spouse visa i mean i would have had to have entered uk before new 5 yr visa rules came out to be able to apply when i did.

anyway i entered 24 days after i got my visa..lemme dig up my notes...

09/09/2010 Spouse Visa Issued
06/10/2010 Arrival in England


right so i took 27 days to make my entry

[sh1981]

Your ILR date starts from 5th march but as you are a spouse of BC, you will be eligible to apply as soon as you complete 3 years of residency in the UK I.e 9/12/13

thank you
yay!

[cs95tdg]

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

whats the difference between resident and present?

c) have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
d) have not been in breach of the immigration rules at any stage during the three-year period.
e) You must be free from immigration time restrictions on the day you make your application.[/i][/color]

so 270 days..lets see, thats 9 months? so if i spend 9 months outside uk, which i wont, but considering i did, then technically though i would have arrived 3 years ago on 09/12/2013, but, i would not be 'present' for all of these 3 yrs therefore violating condition (b) above. OR, would i really? cause (c) says i can spend up to 270 days!

*Present means you need to be physically present in the UK on a specific date. I.e. 3 years before you can make an application for naturalisation.
*Resident means you need to be a UK resident for 3 years before you will be eligible to apply for naturalisation.
Bear in mind that not everyone applies for naturalisation exactly when they become eligible to do so. And they may take holidays and business trips outside the UK. So the first and second requirement are independent ones. Additionally absence thresholds are given to ensure that your normal country of residence was the UK. There is no requirement which states that you need to be present in the UK at all times during your 3 year residence period. Reading each requirement carefully in conjunction with each other will help you understand what is being said.

[sh1981]

Your ILR date starts from 5th march but as you are a spouse of BC, you will be eligible to apply as soon as you complete 3 years of residency in the UK I.e 9/12/13

actually come to think of it i think 9/12/13 is wrong!

i think since i entered on 06/10/10 and as a spouse visa is (was) issued for 2 years and 3 months, and i took 27 days to enter, therefore 06/10/10 times 3 (years) would be: 05/10/13

what do you think guys?

[Gagan1986]

Your ILR date starts from 5th march but as you are a spouse of BC, you will be eligible to apply as soon as you complete 3 years of residency in the UK I.e 9/12/13

actually come to think of it i think 9/12/13 is wrong!

i think since i entered on 06/10/10 and as a spouse visa is (was) issued for 2 years and 3 months, and i took 27 days to enter, therefore 06/10/10 times 3 (years) would be: 05/10/13

what do you think guys?

That was the exact reason why we were asking for your EC visa date and date you first entered the country. Above advice has been given based on the fact you provided that you entered the country on 9/12. As mentioned as soon as you complete 3 years of residency in the UK you can apply.

If you have any more queries pls post and make sure you give full details

[cs95tdg]

This post is rather lengthy and long-winded for the questions you have asked. If you require accurate answers please provide direct answers to the questions asked by those trying to help in a concise manner, rather than leaving the readers to calculate/derive dates & guess what you mean. Everyone is trying to help here, but personally I wouldn't be surprised if many feel that they are running out of patience.

One clear point is that you have not taken the time to read the key eligibility requirements which have been posted in this thread (and also in the FAQ sticky) & subsequently explained (or have not grasped what they mean or the explanation given).

This is a summary of what I understand:
1) Date of EC visa : 09/09/2010
2) Date you first entered the UK : 06/10/2010
3) Date you were granted ILR : 05/03/2013 - Note that this date may be different depending on when your BRP is actually issued.

Date you will be eligible to apply for Naturalisation : 3rd anniversary from the date you first entered the UK. http://www.timeanddate.com/date/dateadd ... m=&ad=&aw=

As that is a Sunday, the actual date would be 07/10/2013.

I re-iterate, please read the UKBA references on requirements and also the FAQ sticky on this forum before you apply.
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/
http://www.immigrationboards.com/viewtopic.php?t=95747