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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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we are couple we meet in england three years ago, my husband

Customer Question

we are couple we meet in england three years ago, my husband get to my country to get married then were my husband get a visa dependent on melike a husband from the home office on my country, colombia until next 2012, he has made entry clearencein the uk like a husband one year ago,.. but his own situation before we meet, he has beeing in uk for ten years, he hasmade an aplication for asylum in 2000 and it was rejected but after he has submited new questonaryon 2005 , they were ,still they said he has not right for asylum but he did stay in uk,at that time he has a partner and the partner has one dependent, they were separated. and , it was just a waiting for years and nothing happen,on his case..he came to the uk because our marriage and ,, after he has arrive again to the uk,on july 2010 with a husband visa, suddenly on november2010 a solicitor from the name lawyer that keep his case call him to his office the same year and informed him and gave to him documents.., he has received a letter and satus document telling him that they review and decidedthe crt department decided to grant for a indefinitive live to remain in the uk exceptionaly granted outside of imigration rulesfor him and the dependens on his case.they decided. is on result for his older case.. the question we havenow is, if is he able to continued with his
indefinitve live to reamin and will be able to acepted it even he has married out side the uk and has entry clearence? and has he entitled to ask for a british citizen on his own with the indefinitive live to remain or should be apply for a british citizen on basis of our marriage, because am a british citizen,? should be reject thei ndefinitve to remain and rerturn itthe all documents to the home office? o rshoul be him use the same passport he has with the husband visa?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Please confirm that your husband now has indefinite leave to remain in the UK
2. Please confirm that you are a UK citizen
Kind regards.
Tom
Customer: replied 3 years ago.
1. yes he has received indefinite live to remain in the uk form novemb er 2010. but this is o basis of his old case.. not because our marriage.
2. yes i am british citizen from 2006 and always resident in the uk.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If he was not granted ILR after specifically holding a spouse visa then I’m afraid he will not benefit from the reduced requisite time of 3 years residency for the purpose of naturalising as a UK citizen. This means that a person must complete 5 years residency in the UK in order to be eligible to apply for residency purposes:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

It is impossible for me to be certain without seeing your husband’s previous applications, passport and correspondence with the UKBA but if he has been granted ILR on the basis of a previous application he has made then generally what happens is that the period of time he has been in the UK since the date of the original application is taken to be legal leave to remain. This means that his period would be permitted to count for the purpose of residential requirement for naturalisation.

You will see from the above link that it is also a reuqirmeent that the applicant must have held ILR for 12 months before making the application.

Again, I would caution that they only person who will be able to tell with certainty is a solicitor that you personally instruct privately, but I believe on the facts at that that he would be able to make an application for naturalisation if it has been longer than 5 years since the date of the original application AND if he has held ILR for 12 months AND otherwise meets the eligibility criteria on the above link.

You need to see a solicitor to be sure though.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom


Customer: replied 3 years ago.
THANK YOU FOR ALL INFORMATION, I UNDERSTAND. my husband first passport has been in the home office for more that ten years, and they havent reurned but they with the indefinite lieave to remain they had sent enclosed and id paper document separated where they have endorsed his immigration status stamped and picture of him wth his settlement then they said in the documents that he will need to apply to the uk border aegncy to ttransfer his residence to a new passport.
my question if can you answer its can he used for this NTLform apply this passport that he has used the new one we have from one year ago when he has go out side to the uk and where hi has stamped his husband visa to get his residence stamped, or he should get a new passport and sent it to the uk border.? and you said that he needs to apply for a naturalizacion the uk citizen on basisi that 5 yeasr period,, the what about the time he went to colombia? he needs to wait for a 5 yeras now or after he has completed his 12 momths with the ilr? thank you
Expert:  Thomas replied 3 years ago.
Hi,

I really can't say without seeing the documents in person. He should apply for a passport and get the ILR transferred I should think.

With regard to his time in Columbia, this is time outside the UK for the purposes of the residential requirement contained in the link above. So, you will need to factor this in and calculate how many days he has spent outside the UK during the 5 year period to check that he is still meets the residential requirement outlined in that page.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 3 years ago.
I AM UNDERSTAND THAT HE CAN NOT APLLY NOW BECAUSE HE IS NOT RECEIVING THE ILR ON BASIS OF MARRIAGE, BUT AFTER TWO YEARTS LIVING TOGUETHER, ALREADY WE HAVE ONE YEA, will my husband able to wait two years more after this 2011, i mean will ok on 2013, like that he has been in the uk from 2010 living with me like a husband , we are married from 2009 but he has arrive on 2010 , then will be good on 2013, aPPLY FOR THE BRITISH CITIZEN ON BASIS OF OOR MARRIAGE OR STILL AHS TO BE WAIT FOR HIS 5 OWN YEARS PERIODO TO APPLY?, BECAUSE EVEN THIS YEAR HE WILL COMPLETE THE 12 MONTHS PERIOD WITH THE ILR THIS YEAR ON NOV.2011, BUT BECAUSE HE WAS OUT THE UK IN 2009 TO 2010, PROBABLY HE WILL NO COUNT WITH THE RESIDENCE PERIOD REQUEST FRO THEM TO BE QUALIFY TO 5 YERAS IN THE UK IN PURPOSE OF THE BRITISH CITIZEN NATURALIZACION..?
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
THANK YOU SORRY ABOUT MY SPEELING. I AM UNDERSTAND, PLEASE ANWSER TO MY LAST QUESTION , ANY POSIBILITY TO APPLY FOR HIS BRITISH, AFTER WE HAD SPENT THREE YEARS CONTINUOSLY LIVING IN THE UK LIKE A MARRIAGE COUPLE?
Expert:  Thomas replied 3 years ago.
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