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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 633
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I hold an ILR visa to UK for the past 20 years visiting UK

Resolved Question:

I hold an ILR visa to UK for the past 20 years visiting UK occasionally (not exceeding two years absence each time). I intend to settle for Citizenship. How long should I stay in UK to be eligible for passport?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Iranian origin living in Iran and Canada.
Assistant: Has anything been filed or reported?
Customer: Not yet.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: ILR visa for my wife; and biometric card.
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
I have already purchased my property in UK and established my company with intention to settle. I just want to know how long I have to stay in UK continuously (possible exits if needed?) to apply for British passport. Furthermore, my wife is on multiple visit visa. how can I apply for her ILR and then citizenship? My visa is in my very old passport. How can I apply for biometric card and what documents will be needed? Any suggestion for a good solicitor to follow up?
Customer: replied 1 month ago.
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Expert:  frantzgregory replied 1 month ago.

Hello

In order to apply for British citizenship you will need to prove that you have 5 years continuous residence in the UK prior to your application. I understand you have been visiting the UK occasionally and not exceeding the 2 years absence rule this means that it is unlikely you would have 5 years continuous residence. Purchasing a property and establishing a company in the UK only supports the view that you have connections in the UK for the purposes of retaining your settled status (ILR).

With regard to your wife, you will first of all have to return to the UK to live and work in order for your wife to be able to apply for a spouse visa. Your wife is not able to apply for ILR just yet until she has been granted a spouse visa for 5 years.

To apply for a biometric card, you would need to make a No Time Limit application using the NTL form.

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 month ago.
Dear SirUnderstood. a couple of more questions:- Does being absent from UK for working or mission by a UK based company count for physical presence in any way?- If I apply for biometric permit, does this complicate my ILR when the officer sees my history of frequent and occasional presence in UK ; Should I apply now or wait till my stay in UK is stronger. Carrying a few old passport each time is unpleasant.
Expert:  frantzgregory replied 1 month ago.

You need to be physically present in the UK. You are not applying for a biometric card, you are applying to transfer your ILR to a biometric card. It doesnt complicate your ILR, it a transfer of status unless you have been away from the UK for more than 2 years.

Customer: replied 1 month ago.
Thank you.