Residency time restrictions.
Dec 24th 2012, 7:19 pm
#1
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2011
Location: Los Angeles
Posts: 6,159
Residency time restrictions.
When we move back to the UK and my American wife applies for residency what are the conditions on how much time you have to remain in the UK on an annual basis?
If anyone has a link that will be appreciated.
We may be semi retired and will have time for traveling elsewhere.
If anyone has a link that will be appreciated.
We may be semi retired and will have time for traveling elsewhere.
Dec 25th 2012, 8:14 pm
#2
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Residency time restrictions.
First thing is to see if your wife is eligible to apply for a spouse visa - and this has to be applied for before moving to the UK. Under current rules after the first 2½ years of residence, then another 2½ years visa needs to be applied for, and you & your wife would need to meet the same eligibility requirements as the original visa. After that 2½ years (so 5 years of residence altogether), then ILR (permanent residency) can be applied for.
Dec 25th 2012, 9:37 pm
#3
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2011
Location: Los Angeles
Posts: 6,159
Re: Residency time restrictions.
I found this on the HO site, seems to apply if you're married...? Or am I misinterpreting something?
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
Dec 26th 2012, 1:35 am
#4
Banned
Joined: Dec 2012
Posts: 1
Re: Residency time restrictions.
what is it with this pattern of people encouraging others moving to an overpopulated hell hole?
Dec 26th 2012, 5:45 am
#5
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: Residency time restrictions.
Just because you don't happen to like it doesn't mean everyone has to feel the same. If you wish to remain on this site I suggest you post in a more friendly and tolerant manner.
Dec 26th 2012, 7:05 am
#6
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Residency time restrictions.
Ready to be flamed for presuming to make guesses about other poeple's view and motivations.
Dec 26th 2012, 9:09 am
#7
Back from India
Joined: Jun 2006
Location: UK
Posts: 793
Re: Residency time restrictions.
I found this on the HO site, seems to apply if you're married...? Or am I misinterpreting something?
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
Dec 26th 2012, 10:46 am
#8
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Residency time restrictions.
I found this on the HO site, seems to apply if you're married...? Or am I misinterpreting something?
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
Dec 26th 2012, 4:56 pm
#9
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: Residency time restrictions.
I found this on the HO site, seems to apply if you're married...? Or am I misinterpreting something?
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
I'm Scottish, wife is American.
Looks like we could spend 90 days a year outside the UK.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
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
have not been in breach of the immigration rules at any stage during the three-year period.
http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/
As already said, that's for naturalisation, your wife would need to go through the settlement (visa) process first, which is referred to in Post 2 of this thread. Additionally, the 3 year requirement to naturalisation is not relevant to people who have applied under the partner route since 9th July 2012, as there is now a minimum 5 years of residency before ILR (permanent residency) can be obtained.
The NEW spouse visa rules are a Catch-22: Naturalization may take 3 years...BUT it requires ILR (no limit on stay) first, which takes 5 years under the new rules. So...no naturalization for 5 years. I wish they'd make this clear.
Dec 26th 2012, 6:27 pm
#10
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2011
Location: Los Angeles
Posts: 6,159
Re: Residency time restrictions.
Golly...this is indeed confusing.It's absolutely deplorable that there is conflicting information on a government website when such information is so important in people's life decisions.
At the risk of being redundant...how long does it then take my wife to get citizenship once she enters the UK? She will be qualified under the Spouse Visa.
Does she need to be living in the UK five years before applying?
At the risk of being redundant...how long does it then take my wife to get citizenship once she enters the UK? She will be qualified under the Spouse Visa.
Does she need to be living in the UK five years before applying?
Dec 26th 2012, 7:11 pm
#11
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Residency time restrictions.
Golly...this is indeed confusing.It's absolutely deplorable that there is conflicting information on a government website when such information is so important in people's life decisions.
At the risk of being redundant...how long does it then take my wife to get citizenship once she enters the UK? She will be qualified under the Spouse Visa.
Does she need to be living in the UK five years before applying?
At the risk of being redundant...how long does it then take my wife to get citizenship once she enters the UK? She will be qualified under the Spouse Visa.
Does she need to be living in the UK five years before applying?
However those applying for a partner visa since 9 July 2012 are under the new rules for that visa where they're unable to obtain ILR for 5 years, which is clear in those rules.
The earliest people under the new rules can apply for citizenship (presuming there will still be no minimum amount of time on ILR for a spouse, as is now) will be July 2017 - and for most people several months after that. Those under the old rules should be eligible by about mid-2016 at the latest, unless they spend too much time outside the UK.
So there is a clear break when it comes to citizenship eligibility for partner visa holders - it just needs people to understand the new rules for the partner visa, and that they're unable to obtain ILR for 5 years, and ILR is required for a citizenship application. It seems quite logical to me, rather than confusing.
In answer to your question, your wife would need at least 5 years residence before she is able to apply for citizenship - she would need to first obtain a visa, then after 2½ years apply for the visa again (in the UK this time), then after a further 2½ years (so 5 years residence in all) apply for ILR. This is all presuming she is still eligible at those stages.
Currently for a spouse of a British citizen they do not require a minimum period on ILR before being able to apply for citizenship (this could change, as rules do change) - so if that remains the same, it would be possible to apply for naturalisation on the same day ILR is obtained.
Dec 26th 2012, 8:05 pm
#12
Lost in BE Cyberspace
Thread Starter
Joined: Jun 2011
Location: Los Angeles
Posts: 6,159
Re: Residency time restrictions.
So
As things currently stand it will take my wife 5 years for ILR and as soon as she has that can apply for citizenship.
Any idea how long after the application made, is citizenship granted?
(Assuming all steps are processed correctly...just trying to get a ball park feel.)
Thanks
As things currently stand it will take my wife 5 years for ILR and as soon as she has that can apply for citizenship.
Any idea how long after the application made, is citizenship granted?
(Assuming all steps are processed correctly...just trying to get a ball park feel.)
Thanks
Dec 26th 2012, 9:39 pm
#13
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Residency time restrictions.
So
As things currently stand it will take my wife 5 years for ILR and as soon as she has that can apply for citizenship.
Any idea how long after the application made, is citizenship granted?
(Assuming all steps are processed correctly...just trying to get a ball park feel.)
Thanks
As things currently stand it will take my wife 5 years for ILR and as soon as she has that can apply for citizenship.
Any idea how long after the application made, is citizenship granted?
(Assuming all steps are processed correctly...just trying to get a ball park feel.)
Thanks
It's a good idea to use the checking service run by many councils (there is a charge for this) - they will check the application is in order, and passport doesn't need to be sent away, so overseas travel can be made during processing.
Last edited by roaringmouse; Dec 26th 2012 at 9:41 pm.
