Residential qualifying period confusion [for Naturalisation as British]

[Pai4sale]

Hi,

I've been living in the UK permanently since 2006. First 3 years on student visa, 2 years on post study work visa then I got married to my husband then I was on spousal leave to remain for 2 year then now I am just granted an ILR yesterday from the croydon office and now waiting for the biometric card to be delivered.

The question is. Do I have to wait for another year to be able to apply for the naturalisation or I can apply straight away after receiving the ILR? I've been reading and reading and it all says I need to be here for 3 years. It's so confusing. Some says my earlier student and post study work visa leave doesn't count in as 3 years. I've been trying to contact the UK border, emailing and calling. I've got nothing back.

I've been living here full time for 7 years already. I go home yearly for maximum of 30 days a year and that's all so I don't think I break any residency requirements they need during those 5 or 3 years.

Additional Details

I've talked to someone from the croydon office, she doesn't seem to know anything and told me I would be able to apply to naturalise 3 years after my wedding ceremony. Made me even more confused. Is it 3 years after my wedding ceremony? or when I got the spousal visa? or when I got the ILR? I also have passed Life in the UK test (for applying for the ILR) and got a master degree from Birmingham city university so I don't think I need any other language requirements.

Regards,

Pai

[Tobias]

Welcome to the forum

Just two questions, where is 'home' and what is the nationality of your husband?

[Pai4sale]

Hi Tobias and thank you, been reading a lot of your thread replies. A very wise and kind man indeed My home is Bangkok Thailand and my husband is British. Thanks

[Tobias]

Thanks Pai, that makes it easier to answer. Quite simply, based on the information you have provided above, you can apply for naturalisation immediately.

Because you have a degree issued by an English university for a course taught in English you have satisfied the English language requirement for naturalisation (the same as ILR).

One point to make clear. On the date your application for naturalisation is received by UKBA you must have been physically present in the UK on the day exactly 3 years before. For example, if the UKBA receives your application on 1 February 2014 then you must have been physically present in the UK on 2 February 2011 - exactly 3 years to the day. If you were away on holiday outside the UK on that date (2 Feb 2011 in my example) then your application will be refused so make sure you carefully choose which date to send in your application.

I hope to see you more in the forums, it's a rather nice place

Just so you know, had your husband not been a British citizen you would not yet be time qualified to apply for naturalisation as you would not have met the residential qualifying period whilst free from immigration time restrictions.

[Pai4sale]

Aw thank you so much, So the thing about having to wait for a year after receiving the ILR doesn't apply on me?

It's the 3 years qualifying period that confuses me. I will give you a further information about me.

We're married on the 10th of September 2011 and I was still holding a post study work visa then until I'd changed it to

a spousal leave to remain on the 2nd of February 2012 then after 2 years qualifying period for the ILR

on the 06th of January 2014 (on Monday) I have been granted the ILR. which should be delivered in a week time. If it's what you've told me that I can apply for naturalisation straight away after receiving the ILR. I would plan to do it in May this year (2014) which back 3 years ago, I was physically in the UK but at the time I was holding a post study work visa and hasn't got married yet?! Is that ok to do so as everyone told me and I thought that the time I live here on student visa doesn't count as a residency and wouldn't be able to include in the 3 years period.

as if this 3 years period starts when I've received my spousal visa, I will have to wait until next year around March time to be able to apply so. Or should I use the NCS? but as I've read, they're a bit useless too. :S What do you think? I don't mind waiting til next year to make sure they won't refuse my application but I'd rather aplly as soon as I can to get it over with. I've made a timelime sheet of me in and out this country and the 270 days in 3 years and 90 days in the last year period is perfectly fine anytime I'm gonna be applying.

- - - - - - - u p d a t e d - - - - - - -

Updated! - I've just received the Biometric card a second ago while I was typing the earlier reply! it took just 2 days to be delivered! Happy time! especially I've already booked a flight back to Bangkok in February to go to my best friend's wedding

[Tobias]

Congratulations on receiving your card!

The one year waiting period after ILR does not apply to you because you are married to a British citizen.

The 3 year qualifying period begins on the day the application for naturalisation is received by the UKBA and then you count backwards! Provided you were in the UK legally throughout the whole of the 3 year period before your naturalisation application is received it doesn't matter what type of visa you had!!

You're good to go!

[Pai4sale]

Thank you again Tobias After I've been reading the requirements again and again with my hubby. He thinks I'm good to go too. So I think I will think about applying when I'm back from Thailand in Feb.

Another question, how would I be able to present/How could they know I physically presented on the day of application 3 years ago? Do I have to show them my old passport as well or are there any ways to? Or would they just look through my immigration history/stamps and find out by themselves?

Thanks again. Pai

[tomtom]

When you complete the application form you have to state the dates you departed and returned to UK and number of days of absence in the 3 year qualifying period. Also, you have to submit your passport but they may have other methods to verify the information such as access to computerised records.

[ash]

I was sure but reading the form has made me think?

My wife was present on feb 25th 2011 and we left for home in France on the 12th March returning to settle on the 25th October 2011 meaning we were absent for 234 days approx since then we have been in the uk except for 14 days.

By my reckoning that means she can apply anytime during the feb-march period this year i.e feb 25th -March 12th

Is the above correct ?

[tomtom]

They stipulate 270 days (but will allow 300) absence in the 3 years qualifying period with not more than 90 of those (100 allowed) in the final year. So should be ok provided the other conditions are met.

[Pai4sale]

If I go to NCS when would be my application submit date? That exact day I go or the day after when they probably send my application forward?

[caller]

The day you go.

[tomtom]

If I go to NCS when would be my application submit date? That exact day I go or the day after when they probably send my application forward?

It is the day they receive it in Liverpool, that's why I did not use the NCS as they only post the application forms by 'Signed For 1st class mail service' not by Special Delivery so next day delivery is not guaranteed (1-2 days for First Class mail). If you post it on 14 January and it is received on 16 January the 3 year qualifying period would be from 17 January 2011 to 16 January 2014.

[Pai4sale]

I think I'll be submitting around Mid-April time this year 2014. Back in 2011, I went to Thailand just once only from 28/02/11-06/04/11 so to make sure I qualify for the 3 year qualifying period, I will apply a bit after the 6th of April 2014.

Absence from the UK collectively ( I think they don't count the day you fly out and the day you arrive right? )

in 3 years - 101 days

12 months before April 2014 - 48 days

Think I'll manage alright. Thanks again

[9851colle]

As my wife and at that time stepchildren spent more than the allocated time out of the UK, but this was due to Crown service reasons, we just wrote an itinery of all the journeys with dates which corresponded with the stamps in passports.

i wrote something like:

Due to sevice reasons my wife my family have resided most of their time outside of the UK in Germany. Please see itenery below:

e.g. Time spent outside of the UK for Mrs .............. Passport number.................

27 Aug 10 exited Holland via Rotterdam 28 Aug 10 entered UK via Hull ferry port.

10 Sep 10 Left UK via Hull ferry port 11 Sep 10 entered Holland via Rotterdam on route to Germany.

We did all of the above for 3 years as my family had very busy passports.

Mick..