DMuffin

Hello! I used to haunt this forum years ago while going through the visa process when I first married and then for indefinite leave. It's always been a huge help so I'm hoping you can help now that I'm looking into my citizenship.

For reference here are the dates I'm working with:

• April 2008 - Arrived in UK on spouse visa
• August 2010 - Received indefinite leave to remain
• May 2011 - Feb 2016 - Lived in United States
• Feb 2016 - current - Living in UK

My husband and I were talking last night about how we have a year before I can put my application in for citizenship. But something twigged in his brain, linked to when he plays Football Manager, lol! He said something about international transfers using cumulative time spent in the UK rather than straight linear.

Meaning, I lived in the UK for 3 years prior to moving to the US. During my time away, I visited for a couple weeks each year, maintained a bank account and mailing address. I've now been in the UK for 2 years... does this all add up?

I've tried calling immigration to get a straight answer and no word a lie, got bounced around 10 times without a definitive answer. So I'm really hoping someone can help, thank you!

BritInParis

Did you get a Returning Resident visa before you returned to the UK?

DMuffin

I had no idea this was even a thing. But I'm guessing it isn't relevant to my situation because I always managed to return before the 2 year timeline, correct? I'd sometimes get told off at the border, but never had an issue.

az2014

When you entered in Feb 2016 did they stamp anything in your passport?

DMuffin

Yes, just the normal entry stamp and the immigration officer's initials.

BritInParis

Define 'told off' - were you stamped in as a returning resident or a visitor? Do you have a valid ILR BRP?

DMuffin

The stamp looked like the one I just attached to this reply. Just a normal entry stamp, nothing that says "No recourse etc..."

"Told off" in the sense they'd see my indefinite leave to remain visa in my passport and say something to effect of, "This isn't what this visa is meant to be used for." But I'd point out I'd been back before the 2 year deadline (not sure where I got that from, but it was always a number that stuck in my head) and they'd stamp me through.

DaveLovesDee

2. If your spouse is a British citizen

As you've only been in the UK since Feb 2016, yu'll need to wait at least a year.

You spent more than 270 days out of the UK in the last 3 years.

DMuffin

That's exactly what I've been going off of, but after talking last night and the whole Football Manager transfer requirement thing , started to wonder if there wasn't a cumulative number as well.

BritInParis

And you only have your original ILR vignette in your passport, no Biometric Residence Permit?

DaveLovesDee

The football thing is a different visa category, Exceptional Talent I think it's termed.

And for many footballers and managers, they've transferred from other EU countries, so again, different rules apply.

DMuffin

Wow. So I'm glad I posted this question because this is the second thing I wasn't aware of... am I supposed to have one of those?

I only have the ILR attached to my passport. It's actually still under my maiden name and my current passport is my married name, but again, no one has ever said anything at any time as I enter the country.

Thank you!

DMuffin

LOL! Well, I'd say I'm exceptional, but I doubt immigration would agree Good to know, though!

SanDiegogirl

What is the ACTUAL stamp you have in your passport?

Being out of the country for 5 years, even with visits back, means your ILR would have lapsed.

SanDiegogirl

Aren't the OP's questions moot?

To apply for naturalisation the form (AN) asks for details of residences in past 5 years.

The OP has only been back in UK since Jan 2016. It is going to be pretty obvious that she was out of the country for the first three years of this 5 year period.