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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Greetings. I have a UK Spouse Visa to join my British wife

Resolved Question:

Greetings.
I have a UK Spouse Visa to join my British wife in the UK. The duration of the visa is from 23/04/2014 to 23/07/2016 (27 months).
I arrived the UK on 06/05/2014 and have since remained here with my wife. My questions are:
1. What is the earliest date that I can apply for my Indefinite Leave to Remain (ILR) in the UK?
a. Is it IMMEDIATELY on completion of 2 Years i.e. 06/05/2014 to 06/05/2016 or
b. From 28 Days before the end of the 27 Months i.e. 06/05/2014 to 27/06/2016?
2. When can I apply for naturalization? Is it
a. IMMEDIATELY I obtain my ILR and BRP and free from immigration controls or
b. Have to wait for 12 MONTHS after obtaining ILR and BRP.
Thank you.
Joseph Toyom
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I think you have misunderstood the application of the rules. In order to apply for ILR on the basis of a spouse visa you must have completed 60 months (5 years) in the UK before applying.
The way it works is that you receive a 27 month spouse visa and then before the end of this time you apply for a further extension spouse visa which is granted for a further period of time in order to take you to 5 years in the UK. Once you have reached 5 years in the UK you can apply for ILR.
Please refer to “E-ILRP.1.3” on the following link for confirmation:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
If you first obtained a spouse visa from 23/04/2014 to 23/07/2016 then you will have to apply for an extension. Once you have this, the earliest that you can apply for ILR would be 22/04/2019.
Once you have ILR then you can apply immediately for naturalisation provided that you remain married to your UK citizen wife because there would be no requirement to be free of immigration time restrictions for 12 months (ie. To hold ILR for 12 months) before applying for naturalisation. You would also have to meet the eligibility requirements on the following page:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
You missed the point please. The application was made under the old rule i.e.before the 5-year rule in 2012 but I had to go through appeal up to the Upper Tribunal for adjudication please.
Customer: replied 1 year ago.
Specifically the application was made under rules 280-282 of the immigration law please.
Expert:  Thomas replied 1 year ago.
this HTML class. Value is Thanks. I am in a sh
Customer: replied 1 year ago.
Didn.t get your last reply - "this HTML class. Value is Thanks. I am in a sh" please
Expert:  Thomas replied 1 year ago.
Hi,
Sorry for the delay.
You have to be certain that your visa was granted under the old rules, in that you applied for your spouse visa before 9 July 2012.
If under the old rules then you can apply for ILR once you have reached 2 years physically in the UK. So, this would mean that the earliest that you could apply would be 06/05/2016.
The position as to naturalisation is unchanged, you can apply as soon as you have ILR.
Kind regards,
Tom
Customer: replied 1 year ago.
Thanks. I am very certain that the application was registered under the old rule as mentioned earlier. I only wanted answers to the SPECIFIC QUESTIONS I asked. I am very familiar with the rules. Only that I want confirmation on the issues I raised from an expert. Thanks
Expert:  Thomas replied 1 year ago.
Yes, well, I can confirm that the earliest ILR date would be 06/05/2016 and you can apply for naturalisation immediately upon receipt of ILR..
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Tom. That'll be all for now please
Expert:  Thomas replied 1 year ago.
No problem. Good luck.Tom

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