Citizenship advice needed please

Hi everyone,

My Husband has just applied for his ILR recieved yesterday actually. We have been thinking ahead to the Citizenship and have read elsewhere that there is a flaw in there time requirement of being in the uk.
I will explain, my husband 1st came to the uk in May 2005 on the VWP and left October 31st 2005, returned April 4th 2006 on his fiancee visa and has been here since.
So can we include his initial 6 month visit here on the VWP in the 3 year timeframe? Has anyone done this and been successful? I have read elsewhere that it can and has been done.
Reason being we are actually in the process of moving back to the US and would like to get the citizenship rolling asap. I know he has to have been present in the UK 3 years to the day of the application being recieved.
Another problem we may hit when he does apply is that when he entered in April 2006 he flew into Dublin, then onto Birmingham, in neither port did they stamp his passport! In Dublin, they just asked if it was his final destination and he said no i am flying onto birmingham and they just waved him through, then in birmingham there were no immigration at the gate being an internal UK flight. At the time we did not think about this but we did lucky save his airline ticket stubs for the flight. What should we do concerning this?
Any help/advice would be greatly appreciated.

my husband 1st came to the uk in May 2005 on the VWP and left October 31st 2005,

I thought the VWP entails one to enter the country for up to 90 days? Or is that the case for people entering the US...

I thought the VWP entails one to enter the country for up to 90 days? Or is that the case for people entering the US...

You can visit the UK for up to 6 months (as of now, anyway), 90 days is the US limit.

90 days is the US limit.

Ah, thanks.

I don't think his first 6 months can count as he was then absent from the UK for another six months, which would constitute a break in residency.

Vicky

Victoria, sorry I don't agree with that.

my husband 1st came to the uk in May 2005 on the VWP and left October 31st 2005, returned April 4th 2006 on his fiancee visa and has been here since.

Let's assume, for the sake of argument, he makes his application on Monday 15th September 2008, would that be OK? The 3-year qualifying period is 16th September 2005 to 15th September 2008.  (Actually I think he could apply now, but it will take a few days to fill in the form and get referees signatures ... so let's work towards applying on the 15th.)

Tests to pass :-

• Was the applicant in the UK exactly three years before UKBA receive the application? Yes!
• Has the applicant got ILR? Yes
• At all times in the 3-year period, when in the UK, was he "legal"? Looks like it.
  
• Has the applicant been out of the UK for more than 90 days in the last year? Hopefully not.
• Has the applicant been out of the UK more than 270 days in the last three years? We know he was out of the UK from 1st November 2005 to 3rd April 2006 .... which I think is 154 days .... but more than 270 days in total? Hopefully not.
• Is the applicant of good character? Hopefully yes!
  

So yankeewife, looks like your husband might be able to apply for Naturalisation now, well as soon as he can complete the form! But you do need to do the day counts.

Do appreciate that if the application is not made before the end of October 2008, he will need to wait until after 3rd April 2009.

Thanks John and Vicky for answering.

I am hpoing that you are correct John and we are going to get to work on the Application asap. From the citizenship guidelines i am thinking he is eligible we just wanted some reassurance that we where reading it correctly before we went ahead and threw money at them. Will let you all know how we get on.

Does anyone know anything about the non stamp on the passport when entering in April?

As regards the flight into Birmingham airport, I would not worry about that, but as you have the ticket stubs, why not provide those with the application. You will see that the AN form asks for dates of entry and exit to and from the UK. Clearly that trip needs to be mentioned.

How are you intending to make the application? Recommend that you use a NCS office. Worth the cost of that, and the passports will be photocopied and handed straight back to you.

So even including the 154 day absence mentioned previously, he is still under 270 days out of the UK in the 3-year period? Also, was he absent from the UK at all during the month of September 2005? If so, do take that factor into account in timing the application.

He was only absent for an additional 21 days so falls within the 270 days. We cannot make the application as of yet because his passport is still with his ILR application, we are hoping for a speedy turnaround to beable to apply before the October deadline.
We do intend on using the NCS if waiting times are not to long, if not then a certified copy of his passport by a solictor is acceptable?
Do you know how much the NCS costs?

We do intend on using the NCS if waiting times are not to long

I would say, as soon as he gets his passport back, with its ILR visa, you should phone for a NCS appointment. Also, dependent upon where you live, if one NCS office is quoting an appointment time not to your liking, try another! For example, anyone here in Birimingham, yes there is an NCS office, in the Council House in Birmingham, but there is an NCS office in Dudley, not too many miles away.

if not then a certified copy of his passport by a solictor is acceptable?

Yes I think so.

Do you know how much the NCS costs?

Each NCS office sets its own fees. I have heard mention of amounts of £35 to £40, but that is merely indicative.