Settlement Spouse CP (KOL required)

lagdm · #1 (**permalink**) 12th April 2012, 05:06 PM

Married to British Citizen for 24 years, I got the kind of visa stated above for 27 months on March 2010; I passed the Life in the UK test. My visa is due in June, it is possible to apply for citizenship directly or I have to apply first for ILR?
If ILR, I have read here there are people waiting for 6 months for their visas! How can that be if they tell you to apply when you have 28 days left? Are these people overstaying? What about the time line for citizenship?
I want to apply but I can't give my passport away for such a long time, I have family matters that require my presence abroad on June de 9th and I already have tickets to travel... What happen if I leave?

nyclon · #2 (**permalink**) 12th April 2012, 05:24 PM

Quote:

Originally Posted by lagdm

Married to British Citizen for 24 years, I got the kind of visa stated above for 27 months on March 2010; I passed the Life in the UK test. My visa is due in June, it is possible to apply for citizenship directly or I have to apply first for ILR?
If ILR, I have read here there are people waiting for 6 months for their visas! How can that be if they tell you to apply when you have 28 days left? Are these people overstaying? What about the time line for citizenship?
I want to apply but I can't give my passport away for such a long time, I have family matters that require my presence abroad on June de 9th and I already have tickets to travel... What happen if I leave?

If your visa says "KOL required" then you could have applied for ILR as soon as you passed the Life in the UK test. You don't have to wait. However, you do have to have ILR for 1 year before you can apply for citizenship. There are in-person appointments available for ILR.

As for those who have to satisfy a residency period (depending on the visa), yes it's true the earliest you can apply is 28 days before your the visa expires. No, they are not overstayers. They are covered under their previous visa while ILR is being processed.

I suggest that you look into getting an in-person appointment and sort out your ILR before you leave. If you don't and you try to enter on an expired visa, you will probably be turned away at the border

AnAmericanInScotland · #3 (**permalink**) 12th April 2012, 05:33 PM

You might want to go ahead and get that visa sorted now-use the in person service available, you'll know the same day if your ILR has been granted-read this for full details:

UK Border Agency | Premium service for applications in the UK

It's pretty straightforward, you make the appointment and then attend, they take your biometrics, check your documents when you meet with the official, and a decision is made while you and your spouse wait in the hall.

They mail you the biometric residency permit card, takes about two weeks. I don't think you can travel without the card, though, so you need to get the appointment made ASAP.

lagdm · #4 (**permalink**) 12th April 2012, 06:13 PM

I was shocked to know that I could have apply for the ILR without having to wait the 26 months... nobody told me that when I got the visa! Well I guess this is part of been a foreigner, you never know how it is, until you are one. Thank you very much for your advice, I will go to the BA page to check where I can make an appointment...

AnAmericanInScotland · #5 (**permalink**) 12th April 2012, 07:51 PM

Quote:

Originally Posted by lagdm

I was shocked to know that I could have apply for the ILR without having to wait the 26 months... nobody told me that when I got the visa! Well I guess this is part of been a foreigner, you never know how it is, until you are one. Thank you very much for your advice, I will go to the BA page to check where I can make an appointment...

Keep us updated on things go for you. I will be using the one day service when my 24 months anniversary arrives, and would love to know how it goes from someone who has been through it

Joppa · #6 (**permalink**) 12th April 2012, 08:45 PM

To sum op, the OP should apply for same-day premium service for ILR as soon as possible. OP needs to wait for biometric residence permit (BRP) before leaving UK, which doesn't leave much time (less than 2 months). Appointments get heavily booked up and I fear they may have left it too late. They can book an appointment at any public enquiry office, not just the nearest.

To apply for British citizenship, OP, being married to a citizen, has to live in UK for 3 years. So once they get ILR, can apply for naturalisation in March 2013. Make sure that on the day of application, OP was in UK exactly three years before. Even if just one day out, application will be refused. So for example, if they apply on 15th March 2013, the OP must have been in UK on 15th March 2010, and the application will be refused if they didn't arrive till 16th March.

lagdm · #7 (**permalink**) 13th April 2012, 01:28 PM

Thanks to everybody for your answers, I am now in the process of booking an appointment and have read a lot of the documents at the UKBA webpage, but there is a lot to read and understand guys, you are much better!! There is plenty of booking for my kind of visa, but my husband is traveling and he is coming back begining of May, so I guess I have to wait another month for my appointment, which gives me very little time to get the residency card, my question is. Do I need the card to leave the country? If I don't ... could I ask someone here at home to DHL it to me when it arrives, so I have it when I return?

Joppa · #8 (**permalink**) 13th April 2012, 01:52 PM

Quote:

Originally Posted by lagdm

Thanks to everybody for your answers, I am now in the process of booking an appointment and have read a lot of the documents at the UKBA webpage, but there is a lot to read and understand guys, you are much better!! There is plenty of booking for my kind of visa, but my husband is traveling and he is coming back begining of May, so I guess I have to wait another month for my appointment, which gives me very little time to get the residency card, my question is. Do I need the card to leave the country? If I don't ... could I ask someone here at home to DHL it to me when it arrives, so I have it when I return?

No you don't need BRP to leave UK, only to re-enter. Yes, you can get someone to send by courier. But there must be someone at your home address to receive it, or someone with your ID to collect it from the courier's depot when there's nobody at home.

manny.j · #9 (**permalink**) 13th April 2012, 01:57 PM

Quote:

Originally Posted by Joppa

No you don't need BRP to leave UK, only to re-enter. Yes, you can get someone to send by courier. But there must be someone at your home address to receive it, or someone with your ID to collect it from the courier's depot when there's nobody at home.

Joppa, for the ILR Premium appointment, are we required to submit the SET(M) form online or can we simply print it and take it with us to the appointment?

We are still in the US but will be in the UK early next month and hoping to make this Premium appointment online before we arrive together with the LITUK one.

Joppa · #10 (**permalink**) 13th April 2012, 02:15 PM

Quote:

Originally Posted by manny.j

Joppa, for the ILR Premium appointment, are we required to submit the SET(M) form online or can we simply print it and take it with us to the appointment?

We are still in the US but will be in the UK early next month and hoping to make this Premium appointment online before we arrive together with the LITUK one.

AFAIK, there is no online application within UK. In any case, for premisum service appointment, you have to download SET(M) form, complete it by hand and take it with you. Make a photocopy to keep for your record.
You can book your appointment up to 6 weeks in advance.