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Topic: citizenship - any stories?  (Read 674 times)

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citizenship - any stories?
« on: January 04, 2006, 09:48:09 PM »
Hi there, just wondering if anyone has a recent story about applying for citizenship?

My US hubby came to the UK in March 2003 on a one year student visa, which is where we met.  We got married in Vegas in April 2004, then got his two year entry visa in LA and back to the UK we came.  So we're about to apply for ILR in March 2006 and I'm hoping he can apply for citizenship if/when he gets ILR, on the basis that he's been living in the UK for 3 years, even though we've only been married for 2...

What do you guys reckon our chances are?

thanx for any input!


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Re: citizenship - any stories?
« Reply #1 on: January 04, 2006, 11:15:08 PM »
As far as I'm aware you can't apply for citizenship until 2 years and 9 months after you've been married.  They let you apply 3 months early on the assumption that it will take at least 3 months for them to process the citizenship papers, although, I think I read that if they do it quicker then you're ok.  He can receive citizenship on the 3 year basis only because he is married to you (I'm assuming you have British citizenship yourself), otherwise, the wait would be 5 years.  I don't think there are any cases where you can receive citizenship only 2 years after marriage.

I got my citizenship in July after being here for 3 years (I'd been married to my British wife for 5 years) and did not have to take the citizenship exam because they had not introduced that until last Autumn.  Your hubby will have to take the exam, though.

Matt
And the world first spoke to me in Sensurround


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Re: citizenship - any stories?
« Reply #2 on: January 06, 2006, 10:25:30 AM »
Thanks Matt, and yes I am indeed a full blooded Brit, shoulda made that clear I guess.

Having done a bit of research, it seems that the three years actually refers to the length of time you have been in the UK, rather than how long you've been married for, as per the rules from the newcomer link: http://www.ind.homeoffice.gov.uk/ind/en/home/applying/british_nationality/general_requirements.html [nonactive] :

You must "Have lived legally in the UK for a minimum of five years before you apply (three years if you are applying on the basis of marriage to a British citizen) and are free from immigration time restrictions."

DH has the book on UK facts and figures so, fingers crossed, he'll be fine for the "exam"  ::)

Has anyone been in a similar situation?  If so I'd love to hear what proof of residence in the UK prior to the marriage they sent in with the application...

« Last Edit: January 06, 2006, 10:28:56 AM by savagegirl »


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Re: citizenship - any stories?
« Reply #3 on: January 06, 2006, 02:52:14 PM »
Quote
Having done a bit of research, it seems that the three years actually refers to the length of time you have been in the UK, rather than how long you've been married for, as per the rules from the IND website:

You must "Have lived legally in the UK for a minimum of five years before you apply (three years if you are applying on the basis of marriage to a British citizen) and are free from immigration time restrictions."
Interesting point, the wording is not entirely clear.  They say you have to be in the UK legally for 5 years to apply for non-marriage based citizenship and 3 years if you are applying on the basis of marriage.  But it's unclear whether during those 3 years you must be married?

Has anyone on here entered the UK on a fiance visa and applied for citizenship 3 years from the date you entered the country?  Or did you have to wait 3 years from your marriage date?
I can't be of much help as I was already married to my British wife when we arrived in the UK so for me it was 3 years from the date I entered.

Matt
And the world first spoke to me in Sensurround


Re: citizenship - any stories?
« Reply #4 on: January 06, 2006, 04:20:19 PM »
No, the length of the marriage has nothing to do with it.  It's an internet myth...

The requirement for spouses is to have ILR on the day you apply and to have been resident in the UK for 3 years.

The 3 years is marked from the 'start date'.  The 'start date' is when the applicant established residence here via student, fiance, work permit, hsmp, or whatever. 

If naturalization is not based upon marriage, the requirement is 5 years with at least 1 year of ILR.

Wishstar, would you articlize this or sticky it?


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Re: citizenship - any stories?
« Reply #5 on: January 07, 2006, 10:58:31 AM »
The 3 years is marked from the 'start date'.  The 'start date' is when the applicant established residence here via student, fiance, work permit, hsmp, or whatever. 

Garry, follow up question to this bit...  My original fiancee visa 'start date' was sometime mid-February 2004, but I didn't actually enter the UK & take up residence until about March 28 or 29, 2004 (i.e., when my plane landed in Manchester as I moved over to stay).  So - would I be eligible to apply for citizenship (I will have my ILR by then) as soon as mid-Feb 2007, or would it be based on when I actually got here (arrived in the UK) which would be end of March/beginning of April 2007?
Ring the bells that still can ring
Forget your perfect offering
There is a crack, a crack in everything
That's how the light gets in...

- from Anthem, by Leonard Cohen (b 1934)


Re: citizenship - any stories?
« Reply #6 on: January 07, 2006, 02:02:32 PM »
Garry, follow up question to this bit...  My original fiancee visa 'start date' was sometime mid-February 2004, but I didn't actually enter the UK & take up residence until about March 28 or 29, 2004 (i.e., when my plane landed in Manchester as I moved over to stay).  So - would I be eligible to apply for citizenship (I will have my ILR by then) as soon as mid-Feb 2007, or would it be based on when I actually got here (arrived in the UK) which would be end of March/beginning of April 2007?

If you entered as a fiance, your passport would contain a black, pentagonal stamp which shows your start date.


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Re: citizenship - any stories?
« Reply #7 on: January 07, 2006, 02:15:13 PM »
If you entered as a fiance, your passport would contain a black, pentagonal stamp which shows your start date.


But it doesn't have that (a pentagonal stamp).  It does have a black rectangular stamp on it (they stamped at the side of my fiancee visa) with 'Manchester' and '28 MAR 04' on it.

They did the same kind of stamp on my LLR visa, the first time I came back from the US (after a Thanksgiving visit in 2004) -- which was the first time I'd traveled to the US & back after we got married.

(I did just notice they used different stamps before & after I was coming over with a visa...i.e., when we were dating & was traveling over vs after I got the fiancee visa & so on.  Although it looks like they goofed & used the wrong stamp as late as June of 2005.)
Ring the bells that still can ring
Forget your perfect offering
There is a crack, a crack in everything
That's how the light gets in...

- from Anthem, by Leonard Cohen (b 1934)


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Re: citizenship - any stories?
« Reply #8 on: January 07, 2006, 09:14:51 PM »
Thanks for that info Garry - I'll probably be marrying my bf after being here about 2-1/2 years or so which means if I get a spouse visa at that point then I'll be able to apply for citizen ship 1/2 year later instead of after 5 years on the work visa...cool!


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Re: citizenship - any stories?
« Reply #9 on: April 29, 2008, 03:56:22 PM »
I know this topic is old but the thread seems relevant to what I wish to ask.
So I came into the UK on the 27th October 2005 on a visa waiver and had a stamp in my passport for 6 months for which I stayed, we then flew back to the USA to get married we on the 26th April 06 and came home to the UK on24th May 06 and I then had my spousal visa, I have just got my ILR 28TH April 08 and now I am wondering can I use the 6 months I lived in the UK with Sonya as part of the 3 years?

I asked at the PEO and the girl was not sure, she thought we could only apply as of yesterday when I got my ILR (April 09) we do not want to apply to soon but we do not want to wait if we do not have to either.

Can anyone confirm if I can apply around November 08 or if we have to wait till April next year?.

Thankyou

Indy
I hope we get better weather with the new year I am getting rained out.

Good luck to everyone with respective visa applications.


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