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Can I apply for Naturalisation in my own rights?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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rdarick
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Joined: Fri Nov 26, 2010 2:00 pm

Can I apply for Naturalisation in my own rights?

Post by rdarick » Mon Nov 29, 2010 1:12 pm

Hi I wonder if someone could help me please? I have been in the UK since 2004, I have a ILR on my passport, I am a non EU national, this is my record

2004 Entered the UK as a student (spent 30 days in my home country)
2005 Entered again with a new Student visa
2006 Left the Uk In November (spent 60 days in my home country)
2007 Entered the UK as an unmarried partner
2009 March received my ILR and have not left since

My girld friend and I are not planning to get married yet but we live together, can I apply on my own rights under the 5 years living in the UK, even if I had different entry clearances?

Thank you for your help.

geriatrix
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Post by geriatrix » Mon Nov 29, 2010 2:06 pm

Your may be eligible to apply for naturalisation as and when standard requirements are met.


regards

rdarick
Newly Registered
Posts: 4
Joined: Fri Nov 26, 2010 2:00 pm

Thank you

Post by rdarick » Mon Nov 29, 2010 2:17 pm

Thank you but I do not understand what the "residential qualifying period" is

"been resident in the UK for at least five years (this is known as the residential qualifying period); and"

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Mon Nov 29, 2010 5:59 pm


rdarick
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Posts: 4
Joined: Fri Nov 26, 2010 2:00 pm

Post by rdarick » Tue Nov 30, 2010 2:12 pm

Thank you very much for your help, however this Anexe does not speak about Students, Paragraph 9 refers to "aplicants physically present in the UK should be counted as residence", am I right to think that my time as a student could be counted for the application?

Technical absences
9.1 Normally, all the time that applicants are physically present in the UK should be counted as residence. However, paragraph 9 of Schedule 1 to BNA 1981 provides that applicants are regarded as absent from the UK (although physically present here) at any time when they are exempt from immigration control under s.8(3) (diplomats) or s.8(4) (members of home, Commonwealth or visiting forces) of the Immigration Act 1971, as amended by s.4 of the Immigration Act 1988). The 1988 Act removed the exemption from control of locally engaged non-diplomatic members of missions (see below). Persons exempt from immigration control under s.8(2) of the Immigration Act 1971 (Consular staff and certain employees of international organisations) are not regarded as being technically absent from the United Kingdom whilst so exempt.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Tue Nov 30, 2010 2:22 pm

rdarick wrote: am I right to think that my time as a student could be counted for the application?
Yes.


regards

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