Residential requirement for naturalisation as spouse of BC

[Mblay]

Hi,
Wondering if someone can kindly help me as confused with the residential requirement for naturalisation as spouse of BC.
Is the residential period counted from the day you got married or the day you were granted FLR . In my case I came to UK on a 2 yr working holiday maker on the 16 of May 2008, got married to BC on 1st of April 2010 and got granted leave to remain as spouse of BC on 13th of May 2010. From that will my 3 yr residential period be counted from the 1st of April when I got married in the UK or 13 of May when when I was granted leave to remain.
Am confused because I thought when UKBA say u must have been present in the UK three years back from when hey receive ur application will mean when I got married but a friend told me will be counted from 13 of May when I was granted Leave to remain.
Was hoping to apply by Tuesday since the fees increase on the 6th of April but I want to get it right cus I don't want UKBA to refuse my application on that grounds
Please Help me as am soo confused.
Thanks

Forgot to add, I was granted ILR on the 4th of August 2012

[John]

Is the residential period counted from the day you got married or the day you were granted FLR

Two questions there and the answers are ..... no ..... no !

As far as Naturalisation purposes are concerned the 3-year period starts 3 years less one day before you apply.

For example, if UKBA receive the application on say Friday 5 April 2013, then the period started on 6 April 2010.

Do appreciate that it is extremely important that you were physically in the UK at the start of the period for you. If you are absent then the application will fail, and as regards this particular rule, UKBA have no discretion.

Based upon what you have posted, it seems likely that you could have applied for Naturalisation immediately following the granting of ILR last August, if you were physically in the UK in August 2009, and your days of absence from the UK have not been excessive.

[Mblay]

Thanks for reply, really appreciate, but kindly clarify this for me, I was granted my further leave to remain on 13th of May 2010, so does it mean I have to wait till 13th of May this year to do naturalisation?
Or should I use the time UKBA recieved my application, if not can u kindly advise when is the best time to submit my application for naturalisation.
And yes I was present in the UK Since May 2008 but only on holiday maker visa which expired 8th of April 2010, I made the application for further leave to remain on 3th of April 2010 and UKBA recieved my application on the 6th of April 2010.
Thanks.

[ban.s]

Thanks for reply, really appreciate, but kindly clarify this for me, I was granted my further leave to remain on 13th of May 2010, so does it mean I have to wait till 13th of May this year to do naturalisation?

No. You can submit your application now. Infact you were eligible to submit since your ILR on 4th Aug 2012.

You just need to satisfy two main conditions (to naturalise as a spouse of a BC)
1. free from immigration restrictions at the time of the application - which you have since 4th Aug12
2. Physically present in the UK 3 years prior to the date of the application -
It doesn't matter whether you were on FLR or WHM or any other visa. As long as you were in the country legally on that date 3 year prior to your application, you'll satisfy the residential requirement.

[Mblay]

Thanks a lot Ban.s, have always thought residential period starts from when you got married but thanks for clarifying. Thanks for your input as well John.
Will send my application before 6th of April before new fees come into play. Thank once again

[ban.s]

Also see start of the residential qualifying period
it's counted from the date of the application, counting backward, not the otherway

[Mblay]

Also see start of the residential qualifying period
it's counted from the date of the application, counting backward, not the otherway

Thanks for pointing that out Ban.s, will send my application on Tuesday 2nd of April and if they receive it on the 3rd of April and even start work on it on the 5th of April n count three years back I was resident in the UK as that was a few days after my wedding so am hoping that shouldn't be a problem
You guys have been of great help. Cheers

[John]

will send my application on Tuesday 2nd of April and if they receive it on the 3rd of April

So please confirm that you were physically in the UK on 04.04.2010.

Also in the last three years, how many days have you spent outside the UK? Also, how many days outside the UK in the last year?

If you are posting direct to UKBA in Liverpool, of course use Special Delivery.

[Mblay]

will send my application on Tuesday 2nd of April and if they receive it on the 3rd of April

So please confirm that you were physically in the UK on 04.04.2010.

Well I will add my passport which has a stamp date of entry into the UK in May 2008, of which I went back home and came back September same year (2008). And didn't go home till December 2010.
Or is there other ways of proving residence? Also in the last three yrs I have been absent for 40 days, and only 20 days in the last 12 months.

[ajax]

You just need to satisfy two main conditions (to naturalise as a spouse of a BC)
1. free from immigration restrictions at the time of the application - which you have since 4th Aug12
2. Physically present in the UK 3 years prior to the date of the application -
It doesn't matter whether you were on FLR or WHM or any other visa. As long as you were in the country legally on that date 3 year prior to your application, you'll satisfy the residential requirement.

You've left out a couple of major ones from this list. In addition to being physically present in the UK exactly three years before the date on which the application is submitted and being free from immigration restrictions on the day the application is submitted, the applicant must also (a) be married to a UK citizen and (b) have spent no more than 270 days (although they will generally accept 300) outside of the country over those three years, and no more than 90 days out of the UK in the previous year.

[Mblay]

You just need to satisfy two main conditions (to naturalise as a spouse of a BC)
1. free from immigration restrictions at the time of the application - which you have since 4th Aug12
2. Physically present in the UK 3 years prior to the date of the application -
It doesn't matter whether you were on FLR or WHM or any other visa. As long as you were in the country legally on that date 3 year prior to your application, you'll satisfy the residential requirement.

You've left out a couple of major ones from this list. In addition to being physically present in the UK exactly three years before the date on which the application is submitted and being free from immigration restrictions on the day the application is submitted, the applicant must also (a) be married to a UK citizen and (b) have spent no more than 270 days (although they will generally accept 300) outside of the country over those three years, and no more than 90 days out of the UK in the previous year.

A. Yes am married to a BC b. have only spent 40 days over the last three yrs n only 21 days the past 12 months,
My only worry now is how to prove I was physically present in the UK 3 yrs back although I was.

[ajax]

A. Yes am married to a BC b. have only spent 40 days over the last three yrs n only 21 days the past 12 months,
My only worry now is how to prove I was physically present in the UK 3 yrs back although I was.

If the applicant is not an EEA citizen, I know of no country which will allow entry directly from the United Kingdom without stamping the bearer's passport. If your passport has an entry stamp into the UK before the -3Y date and has no entry stamp to any country until after the -3Y date, then it is physically impossible for you to have been absent from the UK (unless you did so without a passport...) on the -3Y date.

I am virtually certain that this is checked in the passport records when the application is being processed; how else could you prove it?

[Mblay]

A. Yes am married to a BC b. have only spent 40 days over the last three yrs n only 21 days the past 12 months,
My only worry now is how to prove I was physically present in the UK 3 yrs back although I was.

If the applicant is not an EEA citizen, I know of no country which will allow entry directly from the United Kingdom without stamping the bearer's passport. If your passport has an entry stamp into the UK before the -3Y date and has no entry stamp to any country until after the -3Y date, then it is physically impossible for you to have been absent from the UK (unless you did so without a passport...) on the -3Y date.

I am virtually certain that this is checked in the passport records when the application is being processed; how else could you prove it?

Am not an EEA national but have realised the country I visited didn't stamp my passport when I arrived there but was only an embankment stamp and a stamp when I returned to the UK.
Seriously am worried UKBA might think that's not enough proof.

[ajax]

Am not an EEA national but have realised the country I visited didn't stamp my passport when I arrived there but was only an embankment stamp and a stamp when I returned to the UK.
Seriously am worried UKBA might think that's not enough proof.

Pardon my ignorance, but what's an embankment stamp?

Do you have plane records, boarding cards, travel receipts, anything that can prove your trip?

[Mblay]

Am not an EEA national but have realised the country I visited didn't stamp my passport when I arrived there but was only an embankment stamp and a stamp when I returned to the UK.
Seriously am worried UKBA might think that's not enough proof.

Pardon my ignorance, but what's an embankment stamp?

Do you have plane records, boarding cards, travel receipts, anything that can prove your trip?

Sorry I meant embarkment stamp , meaning a stamp showing when you left that country. I still have all my travel itinery for the last two holidays within the three years.
How do think that will be enough proof?
Really appreciate ur replies. Thx

[ajax]

Sorry I meant embarkment stamp , meaning a stamp showing when you left that country. I still have all my travel itinery for the last two holidays within the three years.
How do think that will be enough proof?
Really appreciate ur replies. Thx

Ah. So you have a stamp in your passport when you entered the UK the last time before the -3Y date. And you have a stamp in your passport leaving a country other than the UK sometime after the -3Y date (and presumably you have a stamp in your passport showing that you entered the UK shortly after you departed that other country, again this is sometime after the -3Y date).

What you are missing is the stamp showing that you entered the other country sometime after the -3Y date, thus proving that you were indeed present in the UK on the -3Y date; presence is of course required for the application to be successful.

Your best bet would be to contact the nationality help centre; they are usually very good and should be able to advise you in this case. Ultimately we could recommend something or say that it worked for a friend of ours (indeed, when my application for naturalisation was approved, I simply sent in copies of my passport and that was that), but we won't know for certain and will only be speculating.

Contact the help centre and get a definitive answer about what you need to do.

Best wishes to you.

[Mblay]

Sorry I meant embarkment stamp , meaning a stamp showing when you left that country. I still have all my travel itinery for the last two holidays within the three years.
How do think that will be enough proof?
Really appreciate ur replies. Thx

Ah. So you have a stamp in your passport when you entered the UK the last time before the -3Y date. And you have a stamp in your passport leaving a country other than the UK sometime after the -3Y date (and presumably you have a stamp in your passport showing that you entered the UK shortly after you departed that other country, again this is sometime after the -3Y date).

What you are missing is the stamp showing that you entered the other country sometime after the -3Y date, thus proving that you were indeed present in the UK on the -3Y date; presence is of course required for the application to be successful.

Your best bet would be to contact the nationality help centre; they are usually very good and should be able to advise you in this case. Ultimately we could recommend something or say that it worked for a friend of ours (indeed, when my application for naturalisation was approved, I simply sent in copies of my passport and that was that), but we won't know for certain and will only be speculating.

Contact the help centre and get a definitive answer about what you need to do.

Best wishes to you.

You right, will contact NCS. That's very helpful. Thx Ajax.

[Mblay]

Sorry I meant embarkment stamp , meaning a stamp showing when you left that country. I still have all my travel itinery for the last two holidays within the three years.
How do think that will be enough proof?
Really appreciate ur replies. Thx

Ah. So you have a stamp in your passport when you entered the UK the last time before the -3Y date. And you have a stamp in your passport leaving a country other than the UK sometime after the -3Y date (and presumably you have a stamp in your passport showing that you entered the UK shortly after you departed that other country, again this is sometime after the -3Y date).

What you are missing is the stamp showing that you entered the other country sometime after the -3Y date, thus proving that you were indeed present in the UK on the -3Y date; presence is of course required for the application to be successful.

Your best bet would be to contact the nationality help centre; they are usually very good and should be able to advise you in this case. Ultimately we could recommend something or say that it worked for a friend of ours (indeed, when my application for naturalisation was approved, I simply sent in copies of my passport and that was that), but we won't know for certain and will only be speculating.

Contact the help centre and get a definitive answer about what you need to do.

Best wishes to you.

You right, will contact NCS. That's very helpful. Thx Ajax.

I submitted my application and was approved.. below was my time line

Eligibility criteria: 2YRS SPOUSE OF BC + 8MONTHS ILR
Method of application: Postal (SD + RETURN PREPAID SD)
Date of application :03/04/2013
Date of receipt by UKBA: 04/04/2013
Date of acknowledgement : 12/04/2013 dated 10.04.2013
Date of debit of fees: 10/04/2013
Date of approval: 13/05/2013;Received on 16/05/2013
Date of Ceremony: 22/05/13

Thanks a lot guys for the advise yall gave me, really appreciate.

[ola4action]

Eligibility criteria: Spouse Visa+ILR (3yrs Physical Presence)

Method of application: NCS Islington

Date of application: 02/05/2013

Date of receipt by UKBA: 03/05/2013

Date of debit of fees: 09/05/2013

Date of acknowledgement : 15/05/2013 (Dated 09/05/2013)

Date of approval: 31/05/2013 (Dated 25/05/2013)

Date of Ceremony: 10/06/2013


I'd like to let members know that part of my Visiting Visa counted towards my 3 year residency as I got ILR in September 2012. It is physical presence that really matters (if you are a British Spouse) provided all other regulations are followed.

Thanks to everyone who has made positive contributions on this site.

Wish you all the very best!!!

[Mblay]

Passport application: Adult (after naturalisation)
Method of application: PO Check and Send
Date of application: 22/05/2013
Date of fee collection: 22/05/2013 pay by card at PO
Date application acknowledged by IPS: -
Date of sms : 28/05/2013
Date of receipt of interview letter: 04/06/2013
Date of return of documents: 08/06/2013
Date of passport appointment: 05/06/2013
Date of passport receipt: Waiting 08/06/2013
_________________
Finally journey officially over, thanks to all whose advices have gone a long way to help in my application and all the best to all those still waiting...