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What counts in the time in uk when applying for citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Br28016
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What counts in the time in uk when applying for citizenship

Post by Br28016 » Fri Sep 15, 2023 4:01 pm

Asking on behalf of a friend.

She had been in UK on visitor visa (for about 6 months) and went back to the Philippines to apply for fiance visa (believe but need to confirm less than 6 months out of UK) which got and then came to UK about May-19, got married in (and then got spouse visa). Unfortunately her husband died at about the 1.5 year point and helped her with ILR application as a widow which she got. Has now been on ILR for more than a year.

Wondering at what point she can apply for Citizenship as she had ILR in less than 5 years. Easy assumptiuon is that work on 5 years from spouse visa point but my reading of guidance was that the 5 years was time in UK legally and think that would potentially include fiance visa and potnetially the six months on visit visa. Her scenario isn't the conventional sitiuation as achieved ILR in less than 5 years so time in UK is more complicated question.

Grateful for some pointers towards where the time in UK is defined exactly as potentially much greater time range of application dates if can count the time in fiance visa and also visit visa times in the UK

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alterhase58
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Re: What counts in the time in uk when applying for citizenship

Post by alterhase58 » Fri Sep 15, 2023 4:29 pm

All lawful stay (except on visitor visas) counts for residency, i.e. work or spouse visa and then ILR. It has to be continuous, that is you cannot choose which periods to use. Not sure about the fiance visa.
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secret.simon
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Re: What counts in the time in uk when applying for citizenship

Post by secret.simon » Fri Sep 15, 2023 6:03 pm

Naturalisation is not a part of the immigration pathway, which ends at ILR. So don't think in terms of immigration processes.

Naturalisation goes backwards from the date of the naturalisation application (the date the application is submitted online).

Was she present in the UK exactly five years to the day of application (technically it is five years +/- 1 day, so if she applied today, was she in the UK on 16th September 2018)?

In those five years, was she absent for less than 450 days across that entire period?

In the one year immediately preceding the date of application, was she absent less than 90 days?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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