paulat.pron@tiscali.co.uk.1330535426
17 years ago
I think he was right on the benefits question, Waheed. Benefits DO matter when you're applying for ILR, because you are not generally allowed to claim benefits before you have ILR. But once you have ILR, then you are legally entitled to claim such benefits as you may be eligible for. Exercising a legal entitlement doesn't make you a bad person, and I do not believe that the fact that someone is claiming benefits (so long as he isn't doing it dishonestly) should make any difference to a naturalisation application.

But if he was talking about naturalisation, I think he is horribly wrong on the "dates" question, if that is what he really said. The date that a visa was issued is absolutely irrelevant. The residence requirements for naturalisation are all about physically being present (legally) in the UK between two dates.

But I think he was talking about ILR, and if this is the case, then he was correct. It is absolutely vital that, when issued a two year "spouse" visa, the visa holder travels to UK less than a month after the visa is issued. To take the example you have given, the visa - and therefore his permission to stay - expires on 14 January 2008. By then, he will have been in the UK less than two years, so he won't be eligible to apply for ILR on 14 January 2008. So what he has to do is apply for "further leave" some time in the 28 days leading up to the expiry date of his visa, and then, in the 28 days leading up to the expiry of the "further leave" he needs to apply for ILR. So he has to pay two lots of ID fees. If he doesn't do that, his permission to stay will lapse and he will have to start again on building up the two years necessary for ILR.

paul

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malikw
  • malikw
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17 years ago
Thank you Paul for taking time to explain it. Now it is clear to me.

You are absolutely right because he was talking about ILR on the date issue. Home Office doesn't make it simple. I guess I applied after my Visa was expired but that is all in the past. I am sure lots of people will benefits with this scenario.


malikw
  • malikw
  • 50.2% (Neutral)
  • Guest Topic Starter
17 years ago






I was watching a legal program on
Television and they have a solicitor as a guest. He said something that did not
agree with my understanding. He said
that if you are applying for nationality Home Office only consider time period
that you have completed (3/5 year) and they don?t look at it if you are on
benefits. This is not the same case if you are applying for ILR because they
don?t want you on any kinds of benefits for ILR. I guess this solicitor hasĀ  not seen the application form yet.

This was in reply to a caller as she was on
Job Seekers allowance and her husband just started working and none of them
were citizens yet.





In the same program they also mentioned
that the date you must apply is calculated from the date Visa was issued and
not the entry date in UK.
So let?s say if British Consulate issue a settlement visa for 2 years and Visa
is issued on Jan 15, 2006 but the person entered in UK on Feb. 15, 2006 then they must
apply by Jan 15, 2008 and if they apply by Feb 15, 2008 then they are already overstayed.





What do you think Mr. Pron and Mrs. G?