naturalization

[pinkuk]

as i understand under the current rules a spouse of uk citizen needs to meet a 3 year residency in the uk, and should have an ILR before applying for naturalization.
my question is : does the residency period start when i came here on a fiancee visa or is it after i received my flr ?
thnx

[John]

It is as simple as this. You need to pass the "applicant was physically in the UK exactly three years before BIA receive the Naturalisation application" test. And yes, you need to have been legal in the UK, at all times when in the UK during the 3 year period.

Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!

Why? Because they were physically in the UK exactly 3 years ago .... however once we get to 16.11.07 they will need to wait until next March to make the application .... in view of being out of the UK exactly 3 years earlier.

[pinkuk]

It is as simple as this. You need to pass the "applicant was physically in the UK exactly three years before BIA receive the Naturalisation application" test. And yes, you need to have been legal in the UK, at all times when in the UK during the 3 year period.

Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!

Why? Because they were physically in the UK exactly 3 years ago .... however once we get to 16.11.07 they will need to wait until next March to make the application .... in view of being out of the UK exactly 3 years earlier.

thanks for the reply. i wasnt aware that it counts as a visitor. how come it works that way? its so weird...
let me check ifi got u right, here are my dates roughly speaking:

june->oct06 came in as visitor
oct 06 went home for 2 weeks and got finacee visa
oct 06 -> entered as a fiancee
feb07-> switched to flr

feb 09->ILR due
so i can apply for my naturalization in june 09 ?

[SYH]

Why? Because they were physically in the UK exactly 3 years ago .... however once we get to 16.11.07 they will need to wait until next March to make the application .... in view of being out of the UK exactly 3 years earlier.

what happens on that date???

[John]

Yes, as long as you meet the day count tests of :-

• not out of the UK for more than 270 days in the 3 years up to the date of application, and
• not out of the UK for more than 90 days in the 1 year up to the date of application

i wasnt aware that it counts as a visitor. how come it works that way?

I think it is as simple as, there is nothing to stop it working that way. You were here legally as a visitor, and from when you returned on the fiancee visa, and it does not matter that you might have had no valid visa for the 2 weeks break in October 2006, given you were not in the UK then anyway.

So it appears totally possible for you to apply for Naturalisation from the 3rd anniversary of you arriving in June 2006, but not for a couple of weeks in October 2009, given you were out of the UK for some of October 2006.

Of course you will need to pass the Life in the UK Citizenship test in order to get your ILR.

[John]

what happens on that date???

Look at the dates in my example. You will see, in that example, the person is out of the UK from 15.11.04 until 01.03.05.

Clear now?

[SYH]

what happens on that date???

Look at the dates in my example. You will see, in that example, the person is out of the UK from 15.11.04 until 01.03.05.

Clear now?

Oh ok , the way you said made me think HO was chaning something, but it is example specific.
Cheers for that.

[thesaint]

i have the same Situation but I had to go back to home for 4 months. if it work like that it will save me loads of time I am only afraid of any complex it might happened so can you reassure me please

not out of the UK for more than 90 days in the 1 year up to the date of application

so is that means in the last 12 months of that three-year period, he or she was not outside the United Kingdom for more than 90 days; and
am i right?

[John]

thesaint, I repeat what I posted earlier in this topic, but this time with some emphasis :-

• not out of the UK for more than 270 days in the 3 years up to the date of application, AND
• not out of the UK for more than 90 days in the 1 year up to the date of application

Don't think I can make it any clearer.

[thesaint]

thesaint, I repeat what I posted earlier in this topic, but this time with some emphasis :-

• not out of the UK for more than 270 days in the 3 years up to the date of application, AND
• not out of the UK for more than 90 days in the 1 year up to the date of application

Don't think I can make it any clearer.

Thanks any way
Maybe all the hassle and the money I spent in the immigration process made me a little bit stupid

[John]

i have the same Situation but I had to go back to home for 4 months.

Those 4 months ..... any part of that 4 months will be in the last 12 months up to the date of application? If so, how much of that 4 months?

[pinkuk]

Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!
.

i just did the math for the example and they dont add up for 3 years.
is that a mistake john? its about 5 months short to apply. did u mean to say that they can apply after 1.10.07 as they will be looking at the 3 years before that date.

or am i bone headed today?

[John]

is that a mistake john?

No mistake from me, and I fear you are trying to invent a rule that does not exist! You seem to be under the impression that the person needs to have clocked up a total of 3 years in the UK before applying, but that is not the case.

So again I repeat :-

• not out of the UK for more than 270 days in the 3 years up to the date of application, AND
• not out of the UK for more than 90 days in the 1 year up to the date of application

Also :-

• must have been physically in the UK exactly 3 years before BIA receive the Naturalisation application

[pinkuk]

no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW

i do get what you posted . but i guess i understood ur phrase ^^" they can apply now" as in as soon as they get the ilr after 01.03.07, not as in now : november 2007 which was what u meant. i guess this is were my misunderstand is u and why i thought i got the dates wrong.

[John]

They can apply now ..... means now ... it does not mean they can apply immediately they got their ILR. Not sure how you could read that into what I posted. Clearly, on my example dates, they cannot apply immediately after the ILR granted, because they were not in the UK exactly 3 years earlier.

[pinkuk]

They can apply now ..... means now ... it does not mean they can apply immediately they got their ILR. Not sure how you could read that into what I posted. Clearly, on my example dates, they cannot apply immediately after the ILR granted, because they were not in the UK exactly 3 years earlier.

thats what i thought .
thanks again for ur help and time.

[thesaint]

i have the same Situation but I had to go back to home for 4 months.

Those 4 months ..... any part of that 4 months will be in the last 12 months up to the date of application? If so, how much of that 4 months?

- came here for 2 weeks as a visitor

-back home for 4 months ( 127 days ) to apply for an entry clearance as a spouse i didnt go outside the uk since i came as a spouse

- after 2 years in uk i had my ILR

[thesaint]

John you don’t have to replay
its really clear as u said its not like a person have to clocked up a total of 3 years in the UK before applying

i think we were confused because its too good to be true or may be for the first time we have to wait less lol

Thanks

[beyond]

hi, everybody, can I ask when I can apply British citizenship ? I came uk for study from 2001, then got a job, and got my ILR on Sep. 2007 which based on 5years work permit , and will marry a English man in Feb 2008. I only had few absences out of the UK during last 6 years.

Thanks in advance

[VictoriaS]

You can apply as soon as you marry!

Victoria

[beyond]

really? Thank you so much for fast reply!

[thesaint]

Even the following is OK .... someone comes to the UK as a visitor from say 01.10.04 to 15.11.04 .... goes home .... gets a fiance(e) visa and returns to the UK on 01.03.05 ... gets married in the UK ..... then gets 2-year spouse visa on say 01.06.05 ... and ILR on 15.05.07 ..... no or few absences out of the UK since 01.03.05 .... they can apply for Naturalisation NOW!
.

I am so confused now
I phoned the home office last week to confirm that my stay in the uk as a visitor can be considered as a residency period to apply for neutralisation as a spouse for a British citizen .
the man who spoke to me said yes that’s fine but today I had a desiccation with my wife she said I don’t think so. As a result I phoned the home office again and it was a girl this time and she said I can’t apply with this circumstances I was chocked not only because I can or I can’t but because this is mean that different advisors in the home office can have different opinion about the same issue

My case again was
Feb 05 visitor visa spent 2 weeks in the uk then went back home
Back to uk with spouse visa in aug 05 (after 6 months)
Aug 07 ILR
My question was can I apply during the 2 weeks in Feb08 or I should wait till Aug08

I am really confused is it any good if I sent an email to the home office as an inquiry so I can attached to my application !!

[John]

Ah you have been speaking to the so-called Help Desk ... who have a reputation for being under-training and thus often not that helpful at all.

Just ensure that when your application reaches BIA next February that you were legally in the UK exactly three years earlier.

[thesaint]

ok thanks john
i will put a bett on you with 655£

[John]

Hmmm .... I would rather say this ... if anyone thinks my analysis is wrong, please do post!