How soon after ILR could I apply for citizenship

[bmd]

Hi guys,
Quick question which may be answered elsewhere (but havent seen any thread) on how soon after obtaining my ILR could I apply for citizenship.

Been in the UK since July 2004 on various schemes.
July 2004 - August 2005 (Working Holiday visa)
August 2005 - April 2008 (HSMP)
April 2008 - April 2010 (FLR)
May 2010 - ILR obtained

Technically I should be able to apply immediately, right? Does anyone know how the time spent out of the UK applies - I was always employed, lived in London and my salary is paid from a UK employer, I just spent up to 80% a year travelling between NYC and Switzerland for the various banks I worked for.

My FLR and ILR applications were granted as unmarried partner of UK/Swedish citizen.

Thanks
Brandon

[mrlookforward]

Technically I should be able to apply immediately, right? Wrong

It appears that you are not married to a british citizen, hence you have to wait 12 months from the date you got ILR, so you will qualify in May 2011.

Have a look at form AN. You have to list all the absences in past 5 years. Past 5 years means, you have to count backwards from the date you apply for BC.

If you apply for BC in May 2011, then you have to count back upto May 2006 and list all absences in that period.

[raymasa2]

Technically I should be able to apply immediately, right? Wrong

It appears that you are not married to a british citizen, hence you have to wait 12 months from the date you got ILR, so you will qualify in May 2011.

Are you sure? The OP states that he is in a civil partnership with a UK citizen. he was granted ILR on that basis. Wont he be able to apply for citizenship on the same basis?

From the UKBA's website (http://www.ukba.homeoffice.gov.uk/briti ... alisation/):

"If you are the husband, wife or civil partner of a British citizen, you need to meet the requirements for spouses and civil partners."

Ray

[John]

The OP states that he is in a civil partnership with a UK citizen

No he doesn't say that at all. He says he is "unmarried partner of UK/Swedish citizen".

If he is in Civil Partnership I am sure he will tell us that, but he has not told us that thus far.

[mrlookforward]

Technically I should be able to apply immediately, right? Wrong

It appears that you are not married to a british citizen, hence you have to wait 12 months from the date you got ILR, so you will qualify in May 2011.

Are you sure? The OP states that he is in a civil partnership with a UK citizen. he was granted ILR on that basis. Wont he be able to apply for citizenship on the same basis?

From the UKBA's website (http://www.ukba.homeoffice.gov.uk/briti ... alisation/):

"If you are the husband, wife or civil partner of a British citizen, you need to meet the requirements for spouses and civil partners."

Ray

Where does OP say that he is in civil partnership with Brit citizen?

"My FLR and ILR applications were granted as unmarried partner of UK/Swedish citizen."

[raymasa2]

The OP states that he is in a civil partnership with a UK citizen

No he doesn't say that at all. He says he is "unmarried partner of UK/Swedish citizen".

If he is in Civil Partnership I am sure he will tell us that, but he has not told us that thus far.

Thanks John. I wasn't sure if being in a partnership was not the same as civil partnership. Does civil partnership require registration or other legality?

Ray

[John]

Does civil partnership require registration or other legality?

Yes, of course.

[raymasa2]

Does civil partnership require registration or other legality?

Yes, of course.

Ah ok. Thanks, I wasn't aware of that.

Ray

[bmd]

Thanks, sorry for the late response. The ILR was applied for on the Set (M) form. According to the BIA I can be either the husband, wife, civil or other partner to appy with that form. There are 2 choices in Section 11 - Married/Civil or Unmarried/Same Sex - I signed on the Unmarried/Same Sex...

From your comments it sounds like only as a Married (and however Civil is defined) can apply straight away. I am not too fussed about waiting the 12 months, but my passport literally has one blank page left...

Thanks again.
Brandon

[John]

If you are married to, or in Civil Partnership with, a British Citizen, then as regards a Naturalisation application there is no requirement to have ILR for at least one year, and also the qualifying period is 3 years.

If not in such a relationship then you need to have ILR for at least 1 year, and the qualifying period is 5 years.

Brandon, is the relationship with your partner opposite-sex or same-sex? If opposite-sex then are the two of you married? Or is same-sex have the two of you registered a Civil Partnership, or its equivalent in a country outside the UK? If yes to the last part of that, the country, and the name of the ceremony?

[bmd]

John,
Not married, though have been engaged to her for the last 2 years (lol, dont ask why it hasnt progressed any further, we both have busy lives and had other priorities for the last 3 years). Never looked it up until now, but civil partnership can only be formed by same sex couples, so looks like can only apply for citizenship next April/May.

Thanks

[John]

bmd, having sorted that out, and I merely comment that should the two of you marry before you have had ILR for one year, you might well have the ability to apply for Naturalisation immediately.

But in your opening post you ask another question, that has not yet been commented upon .... time outside the UK. To guide the scale of the problem, if indeed it is a problem, if you were to apply for Naturalisation immediately after you have had ILR for one year, roughly how many days outside the UK in the 5 years up to the date of application? Also a guess of how many days outside the UK in the one year up to the date of application?

Also be aware, and this could be rather pertinent if your trips outside the UK are frequent, it is absolutely essential that you were physically in the UK exactly 5 years (or 3 years if married to a British Citizen) before UKBA receive the Naturalisation application. UKBA have no discretion about this particular rule .. it is either passed or failed, on the facts, and if failed the application is bound to fail.