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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I am an Australian citizen. The birth certificate of my maternal

Customer Question

I am an Australian citizen. The birth certificate of my maternal grandmother shows that she was born in London. In 1988, I came to the UK and stayed until 1997. I had a letter from the Immigration and Nationality Directorate stating that: "an endorsement has been placed in your new passport to show that there is no time limit on your stay in the United Kingdom."
In 1990 I married an Englishman. We are still married. In 1997 we went to live in France. In 2001 we went live in Australia. We returned to the UK in August 2011. While still in Australia, I applied for and received a visa in my passport headed: "Uk Entry Clearance" with the type: "Returning Resident". This does does not seem to satisfy immigration officials at airports who make a meal of going through my passport and looking at every stamp. I would now like to get a British passport. What is my best course of action?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

A returning resident is a resident who left the UK and wants to come back to live here again.

You may return to the UK as a resident if:

you were settled in the UK when you last left; and you have been away for 2 years or less; and you are returning to live here permanently; and you were not given public funds to pay the costs of leaving the UK.

If you have been away for more than 2 years, you may still qualify to return to live in the UK if, for example, you have strong family ties here or have lived here most of your life.

As you already have a returning resident visa, you are able to travel to the UK without any hindrance, in respect of time limits. However, if you wish to apply for British Citizenship when you would need to meet the residency requirements, in case of applying for British Citizenship you need to show:

To demonstrate the residential requirements for naturalisation as a British national, you must have:

•been resident in the UK for at least five years (this is known as the residential qualifying period); and
•been present in the UK five years before the date of your application; and
•not spent more than 450 days outside the UK during the five-year period; and
•not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
•not been in breach of the Immigration Rules at any stage during the five-year period

You would therefore need to reside in the UK for at least 5 years to be eligible for British Citizenship, once you have completed 5 years and have documentary evidence to show residency in the UK, you can then apply for British Citizenship.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Thank you for this prompt reply.


 


The UK Border Agency's website seems to say that, as the wife of a British citizen, only 3 year's residency is required.


 


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/


 


"Can I be naturalised as a British citizen?"


 


"If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen"


 


So is it three years or five years? And what are the allowable periods of absence abroad for the three year category?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In respect of the rules you have stated that is only on the basis that you obtained indefinite leave to remain in the UK on the basis of your marriage to a British Citizen and have subsequently remain in the UK since. In your case you left the UK and have now obtain a returning residency document from outside the UK, those rules therefore are not applicable to you.

You will therefore have to meet the residency requirements for the full 5 years and apply for indefinite leave to remain thereafter.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

I am afraid I forgot to mention a relevant fact in my original email to you. I knew my grandmother's place of birth was relevant but I could not remember why.


 


On 2 May 1989 (10 months before I got married), I went to the Home Office Immigration Department (as it then was) in Croydon, taking the birth certificates of my grandmother (the one who was born in London) and my mother. They gave me on the spot a stamp in my passport: "Given leave to remain in the United Kingdom for an indefinite period". I believe "patriality" was the term they used. I still have this old passport. So my indefinite leave predated my marriage.


Does this change the residency requirements?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

No, in this case you would still be required to reside in the UK for a continuous period of 5 years. Once you have resided for this period you can then apply for British citizenship in the uk.

I hope this answers your question.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.

Kindly rate my answer positively so I can get credited for my time.

 

 

Kind regards

Expert:  UK_Lawyer replied 3 years ago.
I would be grateful if you could rate my answer positively so i can get credited for my time.

Kind regards

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