querie

[chloe_london]

Hi,

have been living in UK for 5 years now - being a self employed person.As far as I know once you have 5 years one needs to apply for indefinite visa.What I was wondering is - if someone wants to apply for the British citizenship - you can do it after 5 years of course - why I can not apply directly for the citizenship rather than indefinite visa?Nobody seems to give me a relevant answer so I would be really greatful if someone can help me out!!

Thank you!!!!

[Siggi]

Slow down, firstly what is your current visa status?
Secondly under most the visa programs you need 5 years residence and 1 year ILR and only then my you apply for Naturalisation, asumming, you pass you Britishness test too.

[vinny]

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application.

[try-one]

Chloe:
- There are some immigration cathegories that allow you to apply for permanent residency after 5 years (Work permit, HSMP, Tier 1, Tier 2, investor).
- Some immigration cathegories allow you to apply for permanent residency after 3 years (or two)....if you are married to a UK citizen
- Once you have permanent residency...or ILR as it is called as well, you need to wait for 12 months and then you can apply for citizenship...you can not go from work permit to citizenship directly....there is always the middle step (ILR) for 12 months.

Now, as always, please provide with a detailed list of visas you hold for the past 5 years and then we can help you....

[chloe_london]

Thank you for the reply So : I have arrived with a student visa of three months on August 2003.After that,I have registered myself as a self employed person and have sent all my documents to the home office to apply for a leave to remain visa,which was issued on the 9th of February 2004.After 1 year I ve applied for the visa of 3 years( a residence permit) which has expired in February this year.As far as I know I need to apply for the indefinite leave to remain( before of course to pass the test ) once I will have those 5 years-which are being counted since I have received my 1st visa since I am a self employed person nor since I have arrived in UK? and 1 year after the indefinite I should apply for the Naturalisation?

Thank you so much for ur help!!!

[Siggi]

Chloe,
No, No ,you are now a overstayer as you never re-newed your visa in Feb 08.
So now you have a big problem.

[try-one]

Chloe,
You had a student visa on August 2003 for three months until Nov 2003.
Then 9th of February 2004 you registered as a "self employed person".....I'm not familiar with this visa..what nationality are you?? (EU?)

From feb 05 to feb 08 you had a Residence permit based on what? being a student?
What visa have you held from feb 08 to the 18th of July 2008?

You do need a visa from feb 08 to july 08 and onwards....was the self employed something like entrepreneur?

[try-one]

Chloe,
are you from romania or bulgaria...turkish?
http://www.bia.homeoffice.gov.uk/siteco ... schapter6/

[Siggi]

Chloe wrote:

After 1 year I ve applied for the visa of 3 years( a residence permit) which has expired in February this year.

She is now a overstayer regardless.

[chloe_london]

Once my student visa has expired i have applied for the residence permit visa(of 1 year) which came out on febr the 9th,in the period since my visa has expired and the 9th I was on a waiting...before the 9th of febr 2005 i ve applied for the residence visa of 3 years.
- being a Romanian the only possibility was to get yourself registered as a self employed person in order to get the residence permit.
- my friends in the same same situation - have called the home office to ask what we should do - as Romania has joined the EU - we do not longer need a visa - we shouldnt apply for the yellow card and blue card - the only thing is to wait until we have 5 years of residence permit and apply for ILR.
i was confused weather it wouldnt be easier to apply directly for the citizenship -

[Siggi]

OK Chloe,
One thing is for sure you do not qualify for ILR or Citizenship yet.
I beleive that Romanian's need register to be in the UK firstly and once you have registered the clock will start ticking for you.
So the peroid from your student visa till to date does not count towards your ILR .

[PaperPusher]

Chloe_london

You do not appear to need an indefinate visa. You may also be exempt if the following applies to you:

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

• you have been working with permission, and without interuption, in the United Kingdom for a period of 12 months ending on or after 31 December 2006. For instance, you are already present in the United Kingdom as a work permit holder or in some other category that confers permission to take employment (for example as a student and you have been in part-time employment continuously for 12 months);

You can apply for a card to show that you are exempt if you wish, and you may need one if you are going to work for an employer rather than be self employed.

Do you want to be British? Do you really want ILR? Why don't you apply for a Blue Card?

Did you speak to the people in Sheffield who do the applications for Bulgarian and Romanian registration certificates?

They can be contacted on: 0114 207 4074

Also see the following page about applying for permanent residency (not ILR) as an EEA national:

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

PP

[chloe_london]

Thank you for all your help!!
You have been really helpful