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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6309
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have moved to the UK in February 2010 in a tourist visa as

Customer Question

I have moved to the UK in February 2010 in a tourist visa as my wife in British. We applied for a marriage license that was granted and we got married in June 2010. After that I then applied for a leave to remain that was denied on the grounds that the same way I wanted to stay in the UK with my wife and her family she could also move to my country. After looking for legal advice I flew back to Brazil (my home country) where my leave to remain was granted straight away in November 2010. In 2013 I will be eligible for citzenship. When would my application be valid from? February or November 2013? I know it is after 3 years residence so what I'm confused is if the time I was here before also counts for this purpose.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question and detail you have provided.

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. After returning to Brazil I presume you were granted a two year (or 27 month) spouse visa. What date did you physically enter the UK after being granted this?
Kind regards.

Tom
Customer: replied 2 years ago.

Hi Tom,

 

1. I was granted a 2 year spouse visa and I returned to the Uk on the 16th November 2010.

 

Recently I went to Ireland and the border control gave me trouble saying that I had issues with a permit being granted in the past and that this shows on my records. Would that also difficultate the application process?

Expert:  Thomas replied 2 years ago.

Hi

Thanks for your reply.

In order to apply for UK citizenship by naturalising as a UK citizen you must first have obtained Indefinite Leave to Remain by applying for settlement. In the case of a person married to a UK national they can apply for ILR after two years in the UK being on their spouse visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/
You will see that the above confirms what I have said.

Time spent on a visitor or tourist visa is not permitted to count towards the two year qualification period for ILR, because it is a temporary visa. Therefore the date which will be taken to be your starting date for the two year period will be the date that you arrived in the UK on your spouse visa. You have stated this to be 16th November 2010. Thus, you will be eligible to apply for ILR on 16th November 2012.

After this, you will be eligible to apply for naturalisation once you have reached three years as you will see from the following link with the other eligibility criteria:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/
Please also not the stipulations on the maximum time you are permitted to spend outside the UK during the three year period as well.

The following link contains all the information on how to apply for naturalisation:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
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