How long spouse has lived in the UK for ILR

Hi all.  Just starting to fill out my ILR forms.  Section 3.1 asks how long my husband as lived in the UK.  Is this total time since birth or time since living somewhere else?

My husband was born in England to Irish parents who move with him back to Ireland when he was a baby.  He then lived in Ireland for 25 years, then in the US for 6 years, then in England for what will be 2 years and 10 months at the time of my ILR application.  Is this going to be a problem?  Note 2 (Section 7) says that if your spouse is a British citizen without a passport (my husband has an Irish passport), I must include with the application his birth cert and at least 1 other formal document as evidence of ordinary residence in the UK for the last 3 years.  Will nearly 3 years be good enough?  Or maybe his Irish passport is enough and we don't have to provide any evidence of him having lived in the UK?

Also, I put his nationality and Ireland and UK.  Is this correct?

The questions are neverending!

Also, I put his nationality and Ireland and UK.  Is this correct?

UK nationality is not automatic from birth.  Does he actually have British nationality?  If not, then he is an Irish national only and you may need to use a different form for spouses of EU nationals.

He has British nationality.  If he was born in the UK before 1981 he would have british nationality regardless of the nationality of his parents, and even if he were born afterwards, the children of Irish nationals born in the UK are automatically British nationals, as Irish nationals are automatically British permanent residents.

Are you applying as the spouse of a British national or the spouse of an EEA national?

Victoria

We are forking out the money for ILR as spouse of a British national.

Then send his birth certificate as proof of his nationality. You can send his passport as well but I don't think you really need to.

Just put British on the form...putting Irish as well will only confuse things.

As for the 'time spent in the UK'...I would put 2 yrs 10 months on the form, but then explain his coming and going in the cover letter.

Victoria

The issue will not be citizenship because he can establish that if he was born before commencement.

The issue is whether he is normally resident in the UK.  And if he doesn't meet the rules - even for an itty-bitty bit, then you would expect problems. 

What kind of problems?  Should I actually be applying for a different kind of visa?

Thanks.

It is quicker if you go for this one than the EEA dependent.

Has he got bank statements covering three years?  Tenancy agreement?  Employment contract? Council tax registration document?

Vicky

He has bank statements and an employment contract from Aug 2003.  And I think he was on the electoral role and has a driving license from then.  He originally was a lodger in someone else's house so the tenancy agreement, council tax, and other bills don't start until May 2004.

Ok, well I think he should be okay then. When do you need to apply by?  If it is before July, you might have problems.

Vicky

My visa expires June 30.

The kind of problems where they give you a hard time, or the kind of problems that get your application denied?  Or they would want me to apply for FLR instead?

This is all so complicated.  I already have problems with the amount of paperwork I have with my name and address for the first few months I was here.  We don't need more problems!

Maybe it is best that we give up and apply for the EEA family permit instead...   Only I don't want to be without my passport for 3 months.

Here's a little trick...legal, but sneaky.

Make the EEA application (which is free) without sending off your passport.  It will take them a couple of months to look at this, by which time the three years will have been up, and you can make the ILR application with the necessary documents and withdraw the EEA application.

Actually, hang on a second.  Your husband is British, he shouldn't need to prove three years residency.  Where have you got this info from?

Vicky

Note 2 Section 7 of the Set M application: "If your spouse or partner is a  British citizen without a passport, [you must provide] his/her full birth certificate (showing the parents' names), accompanied by at least one other formal documnet as evidence of ordinary residence in the UK for the last three years."

He has an Irish passport.  I assume that does not count.

How strange, I've never noticed that before. There is no residency requirement in this situation, so I am perplexed as to why they are asking for this.

You can just as well send the Irish passport as evidence of right of residency.  I have checked and double checked and there is absolutely no requirement for your husband to have been resident in the UK for three years in order for them to process this application. I don't know why they ask for it.

Vicky

Thanks very much.  That's one less thing to worry about.