TATL lawyer

Hello all - my first post - won't be an expat for long as leaving the US to "go home" later this summer!

The (US) wife and I are moving back to the UK. She was there before (6 years ago) so we are applying from scratch. No problem there.

The issue is this: from everything I have seen, as I have a UK employer (I am fortunate to have been able to choose to to-and-fro as I have dual nationality) and own a house in UK it is all pretty simple. It appears she is applying for "apply to join family living permanently in the UK".

BUT - from everything I have seen that visa is for 2.5 years initially. As a spouse, she can apply for naturalisation after 3 years in UK. So after we have been back home for 2.5 years she has to apply for extension (and pay fee) for just 6 months, before applying (and pay fee!!) for naturalistion? This seems nuts.

Is this just a racket for the fees or have I missed something

Cheers all.

michali

Welcome! If you are applying under the new rules ie after July 2012, then your initial spouse visa is for two and a half years after which you apply for further leave to remain, which lasts for another two and a half years. After that you can apply for Indefinite Leave to Remain. Hope it all goes well for you. I am sure you have read all the financial, accommodation and relationship requirements.

SanDiegogirl

New laws mean she gets a visa for 2.5 years then applies for Further leave to remain for another 2.5 years, THEN she applies for naturalization.

TATL lawyer

Thank you michali.

I am pleased to say that all the requirements are fine.

And I get the 2.5 plus 2.5 perfectly well.

But is there a fee for the second 2.5 years further leave? If so, it seems bizarre that the initial period is only 2.5 years as you can naturalise after 3 years. https://www.gov.uk/becoming-a-britis...ritish-citizen

You are paying for just 6 months, in effect. Why on earth not make the initial period 3 years so it is back-to back? That is my point.

Thanks again for the kind welcome.

Respectfully, SanDiegogirl, that is not what the naturalisation page says:

https://www.gov.uk/becoming-a-britis...ritish-citizen

SanDiegogirl

Respectfully, if someone who is resident in the UK AND has ILR (Indefinite leave to remain i.e a permanent resident of the UK) marries a British citizen then they can apply for British citizenship after three years.

However, your wife is entering the UK under Immigration control. As such, she will have a 2.5 year visa initially then will apply for Further leave to remain - an additional 2.5 years. Yes, there is a second fee for the Further leave to remain visa.

At the end of the five year period she will apply for Indefinite leave to remain i.e she will gain permanent residency. At this point she can apply for naturalisation.

These rules were applied in July 2012

The following document says it all in the first paragraph where it states that to apply for naturalisation one must have had ILR for at least 12 months:

http://www.ukpermits.com/visa-types/naturalisation

englishguygoinghome

Welcome to the forum TATL,

The problem you have is that one of the requirements for citizenship is that your wife is fully settled at the time of application. That means she needs to have ILR and to get that there a three(!) visa applications and fees to pay - now for Leave to Enter, in 2.5 years time for further leave to remain and in 5 years time for Indefinite Leave to remain.
In your case the only advantage to the three years rule is that a) she can travel as much as she likes in the next 2 years, b) she doesn't have to wait a further year after getting ILR before applying and c) she doesn't have to intend to make the UK her permanent home when naturalising

TATL lawyer

Thank you chaps for such helpful responses - what a lovely bunch you are on this site!

Sadly this confirms 2 of my initial thoughts:

1. at 5 years, as long as all other aspects - eg 3 years physical presence etc - are met, both rights (ILR and naturalisation) would derive simultaneously.

In other words at 5 years plus 1 day you get ILR, but have to make the separate application to do so and only then apply for naturalisation (which derives at the same time if all other points met). Why on earth not include the option in the same application rather than do both simultaneously if you would otherwise be entitled. what a racket!

2. terrible drafting of the .gov website - no mention of ILR when that is the biggest factor (see link above)

Anyway, thanks a million for the help. She can sit it out the 5 years and I shall keep paying the fees at each renewal, LOL.

Cheerio and thanks again for all being so nice!

ncoomber

..and y'all have to meet the same requirements (some slight differences) regarding savings and/or earnings at both the 2.5yr and 5yr times.

WEBlue

No no, that would never do! That would be making it too easy for the pesky non-EEA foreigners to naturalise, and the Home Office can't have that.....