我在home office 上看了一些資料,法案所提到的 好像於大家之前討論的有所不同。
有人說通過婚姻入籍 必須要先拿 spouse visa 然後換永居 再入籍。 可是我發現 home office的網站 描述的結婚入籍 條件並沒有要這樣。
以下法案 並沒有提及任何 通過結婚先要取得 永久居留權 然後再申請入籍 的字眼:
Requirements for naturalisation if you are married to or the civil partner of a British citizenIf you meet the requirements for naturalisation you should go to the applying for naturalisation as a British citizen section for details on how to apply.
There are seven requirements you need to meet before you apply:
■you are aged 18 or over; and
■you are of sound mind; and
■you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
■you have sufficient knowledge of life in the United Kingdom; and
■you are of good character; and
■you are the husband, wife or civil partner of a British citizen; and
■you meet the residential requirements; or
■your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
■have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
■have been present in the United Kingdom three years before the date of your application; and
■have not spent more than 270 days outside the United Kingdom during the three-year period; and
■have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
■have not been in breach of the immigration rules at any stage during the three-year period.
另外, 在填寫申請citizenship表格的那個 guide 裡面。’BREACH OF IMMIGRATION LAW/ IMMIGRATION TIME RESTRICTIONS’ 這一項 似乎間接地否認了通過婚姻入籍需要 先拿永居的說法。
“… Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of this period. Usually there is a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay…"
另外的就是,以上所述的那個3年residential requirements 裡面根本沒有提到 說這3年內必須要有2年的spouse visa。
When does the residential qualifying period start?
The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005。
所以只要在申請的當天,在過去3年都在英國,而且都沒有超過離境日期,似乎就已經符合資格。
如果我所分析的是正確的話,而我又已經在英國6年,我申請的應該是直接入籍,而並不是spouse visa吧?
請問有沒有 有經驗的xdjm 給點建議? 如果現在馬上能入籍,請問 有沒有必要找個 移民 律師來辦理? 謝謝各位