vimal
  • vimal
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12 years ago
Hi Lewage,

I know this is confusing. The advise I am giving is purely from my experience and research. I did my application in June.

You are a spouse of a British national and you have your ILR. You have to be in the country for 3 years without a break in residence(i.e. have not left to your home country when your visa has been expired)

So you have been in your spouse visa from 31 March 2010-31 March2012.That's 2 years. Now if you were in the country from 31 March 2009 then that's the third year(you dint specify what visa i am assuming was student).Limited leave to remain is ok! do not worry about it. You have to be in the country for 3 years and should have a ILR when you apply simple! 

So you can apply for your naturalisation tomorrow if you want too. Provided you have fulfilled the other requirements in this link.

Hope this helps. Good Luck!
Vimal

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reynolds
  • reynolds
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12 years ago

Hi


Thanks for your reply


Before 31 March 2010 I was on a Spouse visa (FLR O) for Commonwealth soldier. The conditions of this Spouse Visa was Limited Leave to Remain and No Recourse to Public Funds. Does that mean at this time I was Exempt from Immigration control and therefore does not count towards residential requirements????


Mr Lookforward what is your advice on my situation.


Thank you


lewage

khaledadda
12 years ago
hi 
just want some advise
i am on 2 years spouse visa , just wondering if my british wife can claim any public funds wile am still on spouse visa and wich they dont affect my ILR wen time came, what are the benifit my wife can claim during the 2years  witch dont affect my ILR? please share any info with me . thx
billy76
12 years ago
Hi, your wife has the right for public funds as a british. The restriction only applies for you.
khaledadda
12 years ago
hi ther
thank you for your reply
so you mean she can claim any sort of benifit and that wouldnt affect my ILR?
i been thro the ILR application form and it ask if me or my wife is on recieve of any public funds and they got the list of them! 
also on UKborder website montion the requirement for the ILR one of them that we can maintaine are self without recourse to public funds!
thats wer i am confused and dont want to mess it all up!
could you check that for me please.
many thanks
marufahmed
12 years ago
Hi Khaled
Your wife can claim child tax credits and child benefit. Since you are on spouse visa and entitled not to recourse to public fund, you can only claim working tax credit as a couple of a British citizen. This won't affect your ILR. She can also claim housing and council tax benefits but these will affect your ILR application. So, better not to claim now.
Read the booklet and everything will be clear.
Thanks.
Maruf Ahmed
khaledadda
12 years ago
hi Ahmed
thank you so much for the advise
one more fink, if my wife not working how much do i have to show to homme office am earning ? is it benifit she can claim wich dont affect my ILR? any other benifit can she claim wich dont affect my ILR?
Many thanks 
khaledadda
12 years ago
HI Ahmed again
i checked the link you sent me and thats wot i found about housing benifit:

Public funds
Local authority housing received by settled spouse or partner
This page tells you how people who are subject to immigration control can have access to 
housing through their spouse or partner. 
A British citizen or a person settled in the UK who receives housing from a local authority 
can include their partner’s name on the tenancy agreement, even if their partner is subject to 
immigration control. 
As it is not the person subject to immigration control making the claim they must not be 
considered to be claiming public funds

does it mean my wife can claim housing benifit without affect my ILR or am wrong?
please could you check if she claim housing benifit without affecting my ILR
THANKS
mrlookforward
12 years ago
First of all, can everyone start their own thread and not continue making queries in a thread which was started for something totally different.
reynolds
  • reynolds
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12 years ago

Exactly, I agree with Mr Look Forward...to Khaled Adda please create your own thread and stop using mine.....


To Mr Look Forward ....I would like your advice on my question as your advice on this website are always correct and you know what you are talking about. I have had a reply to my question but would like a second opinion.


Thank you

marufahmed
12 years ago
Hi Khaled! She can claim Housing benefit and council tax benefit but it will affect your ILR application. Your application won't receive a warm welcome at home office. So better wait till you get ILR.
Best wishes
mrlookforward
12 years ago
@ Lewage Smith

I have read your post carefully and the reply given by other member too. To cut the long story short, you can apply for naturalisation on the date you have mentioned you plan to. 

regards
reynolds
  • reynolds
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12 years ago

Please HELP


One of the requirements for naturalisation is the Meeting the Residential requirements.


This is where I am confused - You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period.


About Me - I was granted Indefinate Leave to Remain on the 10/08/2012 as a spouse of a British Citizen. I would like to apply for naturalisation on the 01/09/2012 If I can. I had (2yrs) Spouse Visa from 31 march 2010 to 31 march 2012. Before that I had Limited leave to Remain from 2004 to Feb 2010 (about 6 years). My husband was granted naturalisation early 2010 thus getting my spouse visa. We are still married. Between 20/08/2010 to 07/10/2010 I was not present in the UK.


Question


Limited Leave to remain is that exempt from Immigration control?


Can I apply for naturalisation now? Do I meet the Residential requirements ?Or Do I wait until April 2013?


Please Help.

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