Naturalisation question, have the rules changed recently?

[alpertheidiot]

hi all,
I checked the homeoffice web site, ( http://www.bia.homeoffice.gov.uk/britis ... uirements/ ) and according to requirements you do not need to have indefinite leave to remain (ILR) to apply. I am a bit confused here.

I am a Turkish citizen, came to this country (UK) about 4 years ago. been on au pair visa, student visa and now on IGS visa on my 3rd year, which I am going to extend my visa another year according to new rules.

So will I be able to apply for naturalisation after 5th year? I will not be on ILR in any way. That would be just amazing if I can do so!

help please!

[Christophe]

You will need to have indefinite leave to remain (ILR), although the BIA website doesn't make it quite as clear as it might, perhaps:

Immigration time restrictions

You must be free from immigration time restrictions when you make your naturalisation application. 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 the residential qualifying period.

ILR is one way in which you can be free from immigration time restrictions, and it is the one that is applicable to you. (Other ways are to be an EU/EEA/Swiss national with permanent residence, or to be a Commonwealth citizen or a British national but non-British citizen with the right of abode in the UK.)

You will need to have held ILR for 1 year before you apply for naturalisation, unless you are applying as the spouse of a British citizen, in which case you will need to have ILR on the day that you apply (but not necessarily for any time before that).

[alpertheidiot]

thanks for your prompt reply. one more question please; what happens if I am recently married when I apply for naturalisation (for a year for instance)? Do I still need to have ILR?

Regards

[paulp]

Are you married to a British Citizen?

[alpertheidiot]

No, I am not, but I might marry next year. In that case I would be married less than a year when I am doing my application. So I would qualify for 5 year residency but not ILR.

[Wanderer]

It's 10 years legal stay for ILR, not 5. Five years if on Work Permit or HSMP.

[alpertheidiot]

I am not trying to get ILR, I am talking about naturalisation. It says if you stayed in the country for 5 years you can be eligible.

Next year, I will be eligible but I wont be on ILR. Only, at the time of my application, I might be married for 8-10 months.

So can be eligible for naturalisation?

[parvus1202]

You cannot get naturalization without ILR. That is the major requirement. 5 years for work permit holder is the requirement to apply and 10 years or more for others. If married to a citizen, you still need an ILR before applying for citizenship. If you say you want naturalization and not ILR, then sorry you cannot get one. Nobody did.

[Christophe]

thanks for your prompt reply. one more question please; what happens if I am recently married when I apply for naturalisation (for a year for instance)? Do I still need to have ILR?

Regards

Yes. If you are married to a British citizen when you apply for naturalisation, the 5-year resident requirement is reduced to 3 years and you need to have ILR on the day you apply (unlike the situation when you are not married to a British citizen, in which case you need to have had ILR for at least the 12 months preceding the date of application).

[alpertheidiot]

that's the answer I was looking for exactly, which I wasnt sure.

thanks for reply:)

[punitsahni]

I have a question, I came to UK on working holiday visa with full two year working right in 2003. I worked full time for two years (I have proof). And then I switched in to student visa. After finishing my study I extended my visa in highly skilled migrant programme category. So my question is, the time I have spent on working holiday visa can be counted for ILR or not

[paulp]

I have a question, I came to UK on working holiday visa with full two year working right in 2003. I worked full time for two years (I have proof). And then I switched in to student visa. After finishing my study I extended my visa in highly skilled migrant programme category. So my question is, the time I have spent on working holiday visa can be counted for ILR or not

Working holiday and student visa can be counted for 10-year long residence ILR. It cannot be counted for 5-year ILR.

[republique]

I have a question, I came to UK on working holiday visa with full two year working right in 2003. I worked full time for two years (I have proof). And then I switched in to student visa. After finishing my study I extended my visa in highly skilled migrant programme category. So my question is, the time I have spent on working holiday visa can be counted for ILR or not

Plus I dont think you were supposed to work the whole 2 years. You should work up to one year's worth in a two year period.

[Wanderer]

I have a question, I came to UK on working holiday visa with full two year working right in 2003. I worked full time for two years (I have proof). And then I switched in to student visa. After finishing my study I extended my visa in highly skilled migrant programme category. So my question is, the time I have spent on working holiday visa can be counted for ILR or not

Plus I dont think you were supposed to work the whole 2 years. You should work up to one year's worth in a two year period.

Republique is correct, WHM is one year working, you need to keep ur fingers crossed for ILR if you've broken the law here.

[punitsahni]

For your kind information it is now 1 year, Before it was 2 year
Regards

[Christophe]

Republique is correct, WHM is one year working, you need to keep ur fingers crossed for ILR if you've broken the law here.

There was a period when the working holiday visas were granted with permission to work for the full two years. The government made a mess of all of that as well...