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Topic: Question about Cost of ILR  (Read 2186 times)

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Re: Question about Cost of ILR
« Reply #15 on: July 25, 2009, 10:37:48 AM »
I have a question. I've had ILR for 4 years, so will I automatically be switched to this Probationary Citizenship?  Will there be any differences?

This is my understanding from reading tonnes of information:

Those who have ILR when July 2011 will be OK if they intend to remain in that category.

If you intend to obtain British Citizenship you only have 12 months after that date in order to qualify under the current rules...if you wait after those 12 months have lapsed you will have to qualify under the PBS rules for citizenship (what ever those might be).

So basically if you want British Citizenship you only have until July 2012 to do it if you don't want to deal with the Earned Citizenship hassle.


Re: Question about Cost of ILR
« Reply #16 on: July 25, 2009, 10:43:54 AM »
Thank you so much for clarifying that for me.  I was panicking, and looked up the PC on the internet.  If I had to do the PC, I would have gladly done it, but my husband was more stressed than I was when I told him, cause I'm fine as I am under ILR. 


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Re: Question about Cost of ILR
« Reply #17 on: July 25, 2009, 10:59:51 AM »
Actually, now that I think about it, new spousal applicants might have to apply for PC from the get-go, then it would be three years if they volunteer, five if they don't, before they can apply for citizenship.  I'm not certain of the details because I was looking at it from the perspective of one already here, when they were talking about implementing it in December 2010.  How they'll handle the transition for people currently on FLR(M) is very unclear, but I do believe that once the new system begins then people will apply directly for PC not for FLR at all.  Please someone correct me if I'm wrong, though, because I am discovering that I'm not at all clear on the details of this! 

This is what is so confusing. I think historyenne your partly right. For someone applying for a spouse visa after July 2011 they get 2 year temporary leave after which they then apply for PC which puts them either on the 3 year track with volunteering or 5 year track without. This means an additional year to qualify for citizenship because the 2 year temporary leave counts. But you are temporary the whole time without access to anything and if the marriage breaks down for any reason you must leave.

Personally I think they will combine the PBS with PC and make it so that you can earn more points if you volunteer but will have an overall points system to qualify for both the initial 2 year temporary leave and then additional 2 years after that leave is done (replacing ILR). The Govt's problem is they can't figure out how to replace ILR.

Sorry if this sounds off topic but its all relevant for those getting ILR soon or wondering what will happen around July 2011 but if you have ILR now you're safe but please apply for citizenship before its too late!

If you intend to obtain British Citizenship you only have 12 months after that date in order to qualify under the current rules...if you wait after those 12 months have lapsed you will have to qualify under the PBS rules for citizenship (what ever those might be).

So basically if you want British Citizenship you only have until July 2012 to do it if you don't want to deal with the Earned Citizenship hassle.

I thought you had 24 months after July 2011 to obtain citizenship under the old rules if you have ILR at the time the new rules commence?


Re: Question about Cost of ILR
« Reply #18 on: July 25, 2009, 11:09:25 AM »

I thought you had 24 months after July 2011 to obtain citizenship under the old rules if you have ILR at the time the new rules commence?

Just gone back and had a reread and it is 24 months, not 12. My error, as I am human and make mistakes sometimes. I've been involved with this process since it first came to the attention of UKY, I hope you can forgive my misstep as there have been many developments and changes since day 1.


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Re: Question about Cost of ILR
« Reply #19 on: July 25, 2009, 08:09:15 PM »
From an idea I got after reading some of the old threads...

I spent several weeks in Brighton in May of this last year. If I'm granted my spouse visa this month, would I be able to apply for ILR in May of 2011, since I was in the country in 2009 and wouldn't have spent more than the maximum number of days out of country since then?
Jen





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Re: Question about Cost of ILR
« Reply #20 on: July 25, 2009, 08:12:07 PM »
From an idea I got after reading some of the old threads...

I spent several weeks in Brighton in May of this last year. If I'm granted my spouse visa this month, would I be able to apply for ILR in May of 2011, since I was in the country in 2009 and wouldn't have spent more than the maximum number of days out of country since then?

the qualification period for ILR starts on the day a spousal visa holder enters the country on the spousal visa (any previous visas or time spent in the country is irrelevant for ILR purposes), and eligibility for ILR begins 28 days prior to the 2 year anniversary of that date.  Time as a visitor does count for citizenship (under the current rules anyway) but ILR is a prerequesite for citizenship under the current rules.
« Last Edit: July 25, 2009, 08:15:59 PM by springhaze »
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


Re: Question about Cost of ILR
« Reply #21 on: July 25, 2009, 10:04:42 PM »
prince.je --  here's the official page on what springhaze is talking about: http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/
Quote
In order to apply for permanent residence (ILR), you will first need to show that you have enough knowledge of language and life in the United Kingdom.

You should use application form SET(M) if you:

■already have temporary permission to stay in the United Kingdom (limited leave to remain) as the husband, wife, civil partner, or unmarried or same-sex partner of a permanent resident;
have lived here for two years in this category; and
■are still married or in a civil partnership and plan to live together.

...(you must show that) you to satisfy the immigration rules' requirement to have completed two years as the spouse or civil partner of somebody present and settled in the United Kingdom.
Emphasis added.


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Re: Question about Cost of ILR
« Reply #22 on: July 26, 2009, 12:48:01 AM »
You're both right; I finally found the thread I was thinking of and it was referring to citizenship, not ILR. Meaning, one can apply for citizenship through the family route after they've been present in the UK and have received ILR:

http://talk.uk-yankee.com/index.php?topic=49828.0

I had it confused.

ETA: I'm a bit bummed that I'm going to miss the cutoff date by a couple of days.  :(
Jen





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