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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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The situation:I applied 1 investor visa in 2010,

Resolved Question:

The situation:
I applied for Tier 1 investor visa in 2010, I was single and granted the first stage of the visa valid from June 2010 to June 2013 (3 years). I am currently on the second stage of the investor visa valid from June 2013 to June 2015 (2 years). I married my wife on Sep 2013. She applied for Tier 1 investor dependent visa and came to the UK in Oct 2013. Her visa expires on the same date of mine.
As I almost have completed the 5 years of investor visa. I will be applying for settlement soon. I can’t find all the information on the UKBA website. Please answer all my questions:
1. I assume that we will need to send the applications to Home Office together. To confirm: I will be granted the indefinite leave to remain (ILR) and my wife will be granted the family of a settled person’ visa?
2. I guess my wife needs to stay in the UK for 5 years starting from Sep 2013. If my wife only wants to get only the ILR without naturalisation, in the following years, how many days does she need stay each year?
3. If she wants to get the ILR and naturalisation, in the following years, how many days does she need stay each year? I guess in her situation she can apply for naturalisation as soon as she gets ILR?
4. If she has got ILR and is not naturalised, can she stay most of the time outside UK but still keep ILR in the future?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

Yes, please continue.

It is bank holiday in the UK, that's why you can't find anyone working online.

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Customer: replied 1 year ago.

Hi

Is it because the price is too low? Shall I increase the price?

Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Will you be using the same day service for your ILR application?
What date in June would you qualify for ILR and what does your visa expire?
Kind regards
Customer: replied 1 year ago.

Hi

From what I can see from the UKBA website, same day service is not available for Tier 1 investor settlements?

The current Tier 1 investor visa expires on 24 June 2015. What shall I apply for ILR?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes you are correct, same day applications are not available for Tier 1 investors. In respect of your questions, the answers are as follows:
1. Yes that is correct you will be issued ILR on the basis of being a Tier 1 investor and your wife will be issued a spouse visa being the spouse of a settled person.
2. Ideally she should not be outside of the UK for more than 180 days in a year and not more than 90 days in the 12 months proceeding the date of application for ILR. In total she should not be outside of the UK for more than 450 days
3. After getting ILR she would need to wait 1 year to apply for naturalisation. She is able to remain outside of the UK for no more than 2 years otherwise her ILR will be revoked, again I would recommend not being outside of the UK for more than 90 days in the 12 months proceeding the date of application for naturalisation.
4. She is able to remain outside of the UK for no more than 2 years at a time, if she does remain outside of the UK for more than 2 years then she would have difficulties in returning to the UK and may have her ILR revoked.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.

Hi

Thanks for your reply.

Regarding to your answer:

"3. After getting ILR she would need to wait 1 year to apply for naturalisation. "

In this case, if after I getting the ILR this year and then apply for naturalisation in the following year to become a British Citizen.Then when my wife gets her ILR (she will have stayed in the UK for 5 years), to confirm can she apply for naturalisation right after getting the ILR (not to wait 1 year)? Because she satisfies the condition that her spouse is a British citizen? (https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen)

Thanks

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes provided you have obtain citizenship at the time she should not have any problems applying for nationality straight after she obtain ILR.
Just a point to note, the rules might have changed at the time she submits the application, so just to be sure I would recommend that you review the rules at the application form and guidance at the time of applying.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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