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Topic: When will I be a resident of the UK?  (Read 1968 times)

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When will I be a resident of the UK?
« on: February 16, 2015, 04:57:14 PM »
I'm on my spousal 2 and a half year visa, and living here ( in his home, under his name, etc ) with my British husband in the UK, and I was wondering when in fact I am a resident. Is it when I renew my current spousal visa ( Sept 2016 ) than re appy for my citizenship or? Please help. :-\\\\ Thankyou!
Everytime we raise a glass we cheers to the visa.


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Re: When will I be a resident of the UK?
« Reply #1 on: February 16, 2015, 05:29:23 PM »
You’ve been a UK resident since the day you arrived in the UK.

However, you won’t be able to apply for permanent residency until you have been in the UK for 5 years and have applied for and received ILR (Indefinite Leave to Remain a.k.a permanent residency).

So your visa timeline is:

-   Move to the UK on the spousal visa
-   Live in the UK as a resident for 2.5 years (spousal visa)
-   Extend your visa for another 2.5 years (FLR(M) visa)
-   No earlier than 28 days before you reach 5 years in the UK, apply for ILR
-   Receive ILR, which is permanent residence
-   After you have ILR and have spent 5 years in the UK, you can apply for citizenship.


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Re: When will I be a resident of the UK?
« Reply #2 on: February 25, 2015, 08:01:10 PM »
I don't understand why we have to apply for ILR at 28 days before 5 years when we can naturalize at 5 years.  It's just siphoning more money out of us.  >:(
Married in UK - 31 Dec 2003
After lengthy US immigration, hubs moved to US June 2005. Now we are going the other way.
Hubs returned to UK - 14 Aug 2013
Application submitted - 12 Jan 2015
Biometrics appt - 20 Jan 2015
Package sent to hubs for addition of docs - 21 Jan 2015
Hubs mailed package - 31 Jan 2015
Royal mail confirmation - 2 Feb 2015
Receipt email from Sheffield - 3 Feb 2015
Decision made & courier info emails received - 13 Feb 2015
Visa received - 17 Feb 2015
Anticipated move date -  25 May 2015


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Re: When will I be a resident of the UK?
« Reply #3 on: February 25, 2015, 08:24:51 PM »
Because one of the requirements for citizenship is ILR.
April 11, 2012-Began talking online
June 2012-Officially dating
August 2012-Met in person
Aug 2012-Nov 2012-Tier 4 (General)
Aug 2014-present- Tier 4
Oct 2015-Wedding!!! and spouse visa sometime after that and before the Tier 4 expires


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Re: When will I be a resident of the UK?
« Reply #4 on: February 26, 2015, 04:17:13 PM »
Because one of the requirements for citizenship is ILR.
Yeah I get it technically.  But it seems ILR and citizenship can come so close together, but I realize they've figured it's best to try to get as much money out of us as possible.   The amount of money dropped in one year for ILR and citizenship is crazy!  Just saying that perhaps it's a way to discourage citizenship. 
 
Married in UK - 31 Dec 2003
After lengthy US immigration, hubs moved to US June 2005. Now we are going the other way.
Hubs returned to UK - 14 Aug 2013
Application submitted - 12 Jan 2015
Biometrics appt - 20 Jan 2015
Package sent to hubs for addition of docs - 21 Jan 2015
Hubs mailed package - 31 Jan 2015
Royal mail confirmation - 2 Feb 2015
Receipt email from Sheffield - 3 Feb 2015
Decision made & courier info emails received - 13 Feb 2015
Visa received - 17 Feb 2015
Anticipated move date -  25 May 2015


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Re: When will I be a resident of the UK?
« Reply #5 on: February 26, 2015, 04:43:52 PM »
It's a change with the rules.  Actually as the spouse of a UK citizen, you qualify after only 3 years.  But a requirement of Citizenship is to hold ILR.  As you won't have ILR for 5 years, you can apply for citizenship immediately.

And yes, it's a fabulous revenue source for the country.


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Re: When will I be a resident of the UK?
« Reply #6 on: February 26, 2015, 08:05:29 PM »
It's a change with the rules.  Actually as the spouse of a UK citizen, you qualify after only 3 years.  But a requirement of Citizenship is to hold ILR.  As you won't have ILR for 5 years, you can apply for citizenship immediately.

And yes, it's a fabulous revenue source for the country.
To say as a spouse we qualify after 3 years is just false though since we can't get ILR until 5 years. Now if they offered the option of choosing FLR or ILR at the same time that would be reasonable.  Grrr.... it rigamarole!  It wasn't quite as bad for my husband when he received US citizenship.  He had to renew his green card after 2 years and then could apply for citizenship at 3 years.  At the time I thought, why not just give the option to renew the green card or apply for citizenship at 3 years, but no, they wanted more money as well.  But the UK is worse, and much more expensive about it.  Ahh well, what can you do?  Nothing.
Married in UK - 31 Dec 2003
After lengthy US immigration, hubs moved to US June 2005. Now we are going the other way.
Hubs returned to UK - 14 Aug 2013
Application submitted - 12 Jan 2015
Biometrics appt - 20 Jan 2015
Package sent to hubs for addition of docs - 21 Jan 2015
Hubs mailed package - 31 Jan 2015
Royal mail confirmation - 2 Feb 2015
Receipt email from Sheffield - 3 Feb 2015
Decision made & courier info emails received - 13 Feb 2015
Visa received - 17 Feb 2015
Anticipated move date -  25 May 2015


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When will I be a resident of the UK?
« Reply #7 on: February 26, 2015, 08:19:05 PM »
It seems like a bit of an oversight from when the rules were overhauled in 2012.  it makes no difference whether spouses qualify for citizenship after 3 years or 5 since ILR is now at 5 years. Just seems like they didn't bother to change it. You used to get ILR after 2 years, so there was a one year gap between it and citizenship.
April 11, 2012-Began talking online
June 2012-Officially dating
August 2012-Met in person
Aug 2012-Nov 2012-Tier 4 (General)
Aug 2014-present- Tier 4
Oct 2015-Wedding!!! and spouse visa sometime after that and before the Tier 4 expires


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  • Location: Wokingham
Re: When will I be a resident of the UK?
« Reply #8 on: February 26, 2015, 08:20:23 PM »
It seems like a bit of an oversight from when the rules were overhauled in 2012.  it makes no difference whether spouses qualify for citizenship after 3 years or 5 since ILR is now at 5 years. Just seems like they didn't bother to change it. You used to get ILR after 2 years, so there was a one year gap between it and citizenship.
Exactly


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Re: When will I be a resident of the UK?
« Reply #9 on: February 26, 2015, 08:22:49 PM »
Yeah I get it technically.  But it seems ILR and citizenship can come so close together, but I realize they've figured it's best to try to get as much money out of us as possible.   The amount of money dropped in one year for ILR and citizenship is crazy!  Just saying that perhaps it's a way to discourage citizenship. 
 

There are rumours that they are going to be tightening who can apply for citizenship.  I just hope it doesn't affect me until I have it.  I'll already have been here 8 years before I qualify!


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Re: When will I be a resident of the UK?
« Reply #10 on: February 26, 2015, 09:21:50 PM »
It seems like a bit of an oversight from when the rules were overhauled in 2012.  it makes no difference whether spouses qualify for citizenship after 3 years or 5 since ILR is now at 5 years.....
Yes!
Married in UK - 31 Dec 2003
After lengthy US immigration, hubs moved to US June 2005. Now we are going the other way.
Hubs returned to UK - 14 Aug 2013
Application submitted - 12 Jan 2015
Biometrics appt - 20 Jan 2015
Package sent to hubs for addition of docs - 21 Jan 2015
Hubs mailed package - 31 Jan 2015
Royal mail confirmation - 2 Feb 2015
Receipt email from Sheffield - 3 Feb 2015
Decision made & courier info emails received - 13 Feb 2015
Visa received - 17 Feb 2015
Anticipated move date -  25 May 2015


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Re: When will I be a resident of the UK?
« Reply #11 on: February 26, 2015, 11:08:40 PM »
It's because the people who make immigration rules and the pole who make citizenship rules are different people. The immigration rules changed but the citizenship rules didn't. Not an oversight, and since they are still considered separate procedures in the UK, it's unlikely the citizenship rules will change.
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