Applying Naturalisation after Indefinite Stay

[gagan2sandhu]

Hello

I am on indefinite leave to remain and my partner is UK Cittizen. I got my indefinite in April this year. I came in UK in 2002 and did my studies and I got married with UK citizen in 2007 and my visa was switched into 2 year spouse visa. In April 2009, I was stamped indefinite on my passport.

My question is that can I apply naturalisation now or do I have to wait till April 2010 to make 3 years of living in UK (being married with UK Citizen) but infact i have been living UK since 2002 but on student status till 2007. Will that be counted towards 3 years or not?

P.S. I have been living in UK since 2002 as continous and I have gone to India in between but only like 1 month in one year and 1 month again after 2 years. Would that make any difference?

[vinny]

Student status may also be included to satisfying the residential requirements.

[abi_abc]

You can apply now.

If you are married to a UK citizen you can apply as soon as you have received ILR if you have lived in the UK legally for 3 years. You have.

Your absences are well under the allowed 90 per year.

All the best.

[f2k]

because you have stayed in the UK for more than 3years and have ILR AND married to UK Citizen you can apply NOW. actually you could have applied the day you got ILR

[EFR3]

hi i just need to ask one question i been living in ireland (before moving to the UK) but keep visiting the UK since 2003 (roughly every mounth) i am married to the british national and i have ILR so can i count those visit aswel in my resditional qualifed period coz those visit were legal.
thanks and kindest regards

[vinny]

i have ILR so can i count those visit aswel in my resditional qualifed period coz those visit were legal.
thanks and kindest regards

Yes.

[EFR3]

i have ILR so can i count those visit aswel in my resditional qualifed period coz those visit were legal.
thanks and kindest regards

Yes.

thanks vinny for help now i can apply little bit earlier.

[LIANA]

i have ILR so can i count those visit aswel in my resditional qualifed period coz those visit were legal.
thanks and kindest regards

Yes.

Hi any one Please come forward and share your experience whose application for ILR was delayed for more than 6 months Due to UKBA & he/she applied for Naturalization less than 12 months after ILR qualifying period, according to the immigration rules which allows the secretary of state to exercise discretion where an applicant fails to meet the requirement to be free of immigration restriction for the final 12 months of the residential qualifying period.


Chapter 18 Annex B Paragraph 7.5 (G) OF Nationality Staff Instructions

7.5 Discretion to disregard immigration restrictions in the final 12 months may normally be exercised IF:

(G) Consideration of an application for Indefinite leave to remain made more than 15 months before the citizenship application, had been protracted through no fault of the applicant , providing ILR was eventually granted .This can include applications for asylum which has resulted in the grant of ILR.

There should be many examples of it as number of ILR applicant were been through hell of longer than 6 months wait for their decisions with no fault of them.
Kindly share you experience as your value information can make a lot difference for others. I am planning to apply now within 18 months of of my ILR application and just after 6 months of Grant of ILR rather than 12 months. But I have tried NCS but they are not willing to apply through their service and advising me to send application personally by post .

[vinny]

See also Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981.

[VR]

There is a change coming to the KOLL from 28th October 2013. So make sure your application is in well before that. Also there is an impending postal strike likely to commence on 15th October 2013.

Keep these two dates in mind.
cheers and good luck
vr