Global Talent and Citizenship

[Ukakeg]

(1) Tier 4 visa (PhD student):
*Visa valid from Sep 2015 - Feb 2019.

(2) Gap, no visa in the UK, I was back in home country:
* Feb 2019 - June 2019
* I had a job offer in the UK already, starting Feb 2019, but had family emergency and had to go back to home country (got proofs already).

(3) Global Talent visa:
* June 2019 - Oct 2022

(4) ILR: three years route
* Oct 2022

Given the information above, I was wondering if I can apply for Citizenship on October 2023 given the gap in (2). Home Office says: You must be present in the UK on the day 5 years before applying for Citizenship, but doesn't mention anything about continuous residency that is part of ILR requirements. Total absence is from Oct 2018 to Oct 2022 is less than 450 days.

[alterhase58]

For naturalisation you need five years of lawful residency. As for the gap you weren’t resident in the UK. It seems June 2024 is the time to apply. Note naturalisation is not under immigration rules and has it’s own separate requirements.

[Ukakeg]

For naturalisation you need five years of lawful residency. As for the gap you weren’t resident in the UK. It seems June 2024 is the time to apply. Note naturalisation is not under immigration rules and has it’s own separate requirements.

This is the link for requirements
Can you please advise where this lawful residency is? And why not this gap is simply considered as absence that counts towards the 450 days?

https://www.gov.uk/apply-citizenship-in ... -to-remain

[alterhase58]

You said you didn’t have a visa covering the gap? Without visa and not in the UK is not residency.
Refer to the five years here:
https://www.gov.uk/government/publicati ... bookmark14

[Ukakeg]

You said you didn’t have a visa covering the gap? Without visa and not in the UK is not residency.
Refer to the five years here:
https://www.gov.uk/government/publicati ... bookmark14

Thanks. Was wondering if this can hold in my case:
third party solicitor weblink removed by moderator - please do not post solicitor weblinks on the forum.

The Nationality and Borders Act 2022 introduces a change in that regard. As of 28 June 2022, where an individual who holds indefinite leave to enter or remain in the UK applies to naturalise as a British citizen, the Home Office will not require to examine the individual’s immigration history. The Home Office is not required to make enquiries as to whether the individual was lawfully resident in the UK prior to the grant of indefinite leave to enter or remain, and can instead rely on the grant of indefinite leave to meet the requirement to not have been in the UK in breach of immigration laws.

[CR001]

The gap would simply be considered as part of the absence, provided you left the UK with a valid visa and then returned with a valid visa, ie not overstayed.

[Ukakeg]

The gap would simply be considered as part of the absence, provided you left the UK with a valid visa and then returned with a valid visa, ie not overstayed.

Thanks for your answer. Just wanted to make sure you got what I mean. The first visa (Tier 4 - expired Feb 2019) and second visa (Global Talent - issues June 2019 and obtained from home country). In between Feb 2019 - June 2019, I didn't hold a visa and wasn't overstaying in the UK, as I was in home country.

[Ukakeg]

My case is a lot similar to
@Youcef410428
As in this thread.
british-citizenship/continuous-period-c ... l#p2081798

Unfortunately the thread is locked to know the outcome of his application. Would appreciate if admins could unlock it.
Many thanks in advance

[AmazonianX]

My case is a lot similar to
@Youcef410428
As in this thread.
british-citizenship/continuous-period-c ... l#p2081798

Unfortunately the thread is locked to know the outcome of his application. Would appreciate if admins could unlock it.
Many thanks in advance

Unlocking it does not make a difference if OP has not visited since March. Some get outcomes and don't update thread or forum.

[Ukakeg]

Thanks for your reply. Is there a way to message/send an email to this member in this forum?
We have exactly same case about the gap outside the UK without holding a visa in the UK. Meaning the 5 year qualifying period of naturalisation is lawful but not continous. I read that ILR requires continous residency but this term in naturalisation is replaced by Lawful residency, and is confusing.

(1) Tier 4 visa (PhD student):
*Visa valid from Sep 2015 - Feb 2019.

(2) Gap, no visa in the UK, I was back in home country:
* Feb 2019 - June 2019
* I had a job offer in the UK already, starting Feb 2019, but had family emergency and had to go back to home country (got proofs already).

(3) Global Talent visa:
* June 2019 - Oct 2022

(4) ILR: three years route
* Oct 2022

His naturalisation application was due October 2022 as per his posts in this forum. I assume if he didn't visit the forum since March, he got his naturalisation application approved.

Hope to get confirmation about this from group experts.