Permanent Residency

[mupsuit]

Originally posted by hildayoung@Mar 8 2006, 02:31 PM
My husband will be applying for permanent residency this August, 2006. I only arrived here Nov. 2005 and my son will be coming soon. Are we all allowed to apply for permanency if only my husband is one with 4 years living in the UK?

Quoted post

I think the situation is as follows

After two years in the UK (as the spouse of a UK resident) you need to apply for Indefinate Leave to Remain - use form SET(M) - you can not apply until you have been resident in the UK for two years (overseas holidays are allowed)

The length of time your husband is here does not count towards your application

[Pauldo]

Originally posted by mupsuit@Mar 8 2006, 08:00 PM
I think the situation is as follows

After two years in the UK (as the spouse of a UK resident) you need to apply for Indefinate Leave to Remain - use form SET(M) - you can not apply until you have been resident in the UK for two years (overseas holidays are allowed)

The length of time your husband is here does not count towards your application

Quoted post

I thought it was one year before applying, or has it changed, again? Then three altogether years for citizenship, as long as you are married to a UK citizen. Five years if not.

I've just thought, I'm not sure if it states British Citizen, or British Resident. May be time to scour the web site with a fine tooth comb.

[mupsuit]

Originally posted by Pauldo@Mar 8 2006, 09:56 PM
I thought it was one year before applying, or has it changed, again? Then three altogether years for citizenship, as long as you are married to a UK citizen. Five years if not.

I've just thought, I'm not sure if it states British Citizen, or British Resident. May be time to scour the web site with a fine tooth comb.

Quoted post

Pauldo

It is 2 years FOR SURE - 23 months after the date of first arrival that you can submit the application for ILR - they will have the flie "teed-up" for consideration at the two year point

Then if your spouse has been resident in the UK for a further year she can apply to become a British Citizen

Once the spouse has obtained ILR she can leave the country at any time for any purpose and as long as she is not absent for more than two years she will retain ILR

whereas as a British Citizen she will have a UK passport and can travel at will

[hildayoung]

So 2 years after my arrival, (nov. 2005) not 2 years after my husband recieve his ILR which is Aug. 2006. Well sounds ok. But I was expecting I could file right after he recieved his.

[hildayoung]

According to IND and UK Home Office, effective 3rd of April 2006, it will be five years of legally living in the UK before one can apply for permanent residency.

http://www.ind.homeoffice.gov.uk/ind/en/ho.../section_1.html

"Statement of Changes in Immigration Rules HC 974
Press releases and announcements > Statement of Changes in Immigration Rules HC 974

22 March 2006

A new Statement of Changes in Immigration Rules, House of Commons Paper 974, was laid before Parliament on 13 March 2006 under section 3 (2) of the Immigration Act 1971. The changes shall take effect on 3 April 2006. An Explanatory Memorandum accompanies this document. "

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and

he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and

(iii) he is still required for the employment in question, as certified by his employer. "

But applying for a naturalization is also 5 years. Home Office might change that as well, probably next year, or it will remain 5 years but need to have residency first before applying. Anyway it will take 6 months or over for the naturalization to be approved.

[mupsuit]

<div class='quotetop'>QUOTE(hildayoung &#064; Mar 23 2006, 03&#58;20 PM) Quoted post</div><div class='quotemain'>
According to IND and UK Home Office, effective 3rd of April 2006, it will be five years of legally living in the UK before one can apply for permanent residency.

http://www.ind.homeoffice.gov.uk/ind/en/ho.../section_1.html

"Statement of Changes in Immigration Rules HC 974
Press releases and announcements > Statement of Changes in Immigration Rules HC 974

22 March 2006

A new Statement of Changes in Immigration Rules, House of Commons Paper 974, was laid before Parliament on 13 March 2006 under section 3 (2) of the Immigration Act 1971. The changes shall take effect on 3 April 2006. An Explanatory Memorandum accompanies this document. "

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and

he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and

(iii) he is still required for the employment in question, as certified by his employer. "

But applying for a naturalization is also 5 years. Home Office might change that as well, probably next year, or it will remain 5 years but need to have residency first before applying. Anyway it will take 6 months or over for the naturalization to be approved.
[/b][/quote]

Thanks for this update - I think that both you and your husband are from the Philippines and so these are the regulations covering your stay in the UK - This may assist others in the asme situation

For Filipinos who have a British spouse then the circumstances are as I previously posted

ie

2 years for ILR and after a further year then they can apply for a British passport