Advice on application for ILR

[Nowell]

I am a non-EEA national and have been lawfully in the UK for nearly 10 years.I am currently on my 4th year of work permit but will be eligible to apply for ILR in mid-August. (10 yr in the UK on 15th Sept).I have already downloaded form Set (O) for completion.

However, in the meantime, I've got married to a UK citizen in April 06.
What is the fastest application for ILR? if I apply on my own on the basis of 10 yr long stay or as a spouse of UK citizen?

Thanks!

[John]

Definitely proceed with the form SET(O) application.

If you went the marriage route you would get issued with a 2-year spouse visa and only near the end of the 2-year period could you apply for ILR.

Do you appreciate that having got your ILR you will be instantly eligible to apply for Naturalisation? Assuming of course that when you apply you can enclose a pass certificate from the Citizenship Test!

[Nowell]

Yes, I am aware of that and I fully intend to apply for naturalisation once I've got the ILR. Just wasnt sure what was the quickest route?

Thanks John!

[John]

That's good. Have you already passed the Citizenship Test?

[olisun]

Do you appreciate that having got your ILR you will be instantly eligible to apply for Naturalisation?

doesn't one have to complete 12 months on ILR before applying for naturalisation ??

[Christophe]

Do you appreciate that having got your ILR you will be instantly eligible to apply for Naturalisation?

doesn't one have to complete 12 months on ILR before applying for naturalisation ??

A person who is applying for naturalisation on the basis of marriage to a British citizen need only have indefinite leave to remain (ILR) in the UK on the date of the application (in addition to having lived in the UK for three years (not five), etc, etc).

So, such a person could be granted ILR on Monday and apply for naturalisation on Tuesday, provided of course that all the other criteria and prerequisites are met.

[John]

Olisun, Christophe is totally correct, a spouse (or indeed these days, also a Civil Partner of) a British Citizen merely needs to have ILR when they apply for Naturalisation, but to have held it for any particular length of time.

But other requirements in addition.

[bbdivo]

If your ILR was granted based on 10yrs residence (or 4/5 for WP holders) can you still apply for naturalisation based on marriage?

[John]

Yes you can, the reason why or how the ILR (or Permanent Residence) was granted is irrelevant as regards submitting a Naturalisation application.

Marriage in this context of course means marriage to a British Citizen.

[Janit]

I am a bit confused. Moderator, or anyone who knows for sure, please clarify:

If a person gets ILR on the basis of 10 year long residence and is not married to a British citizen, can he/she the ILR person, apply for naturalisation within a few days of getting ILR? Or does he/she have to wait for a year before applying for naturalisation?

[olisun]

Olisun, Christophe is totally correct, a spouse (or indeed these days, also a Civil Partner of) a British Citizen merely needs to have ILR when they apply for Naturalisation, but to have held it for any particular length of time.

But other requirements in addition.

oh yeah now I remember.. My wife got her naturalisation before completing 12 months on ILR cause I was naturalised before her.....

[John]

If a person gets ILR on the basis of 10 year long residence and is not married to a British citizen, can he/she the ILR person, apply for naturalisation within a few days of getting ILR? Or does he/she have to wait for a year before applying for naturalisation?

The route to ILR is irrelevant! When can naturalisation be applied for (assuming all other requirements met) :-

• If not married to (or in Civil Partnership with) a British Citizen then when ILR has been held for a minimum of one year
• If married to (or in Civil Partnership with) a British Citizen then when ILR has been held for a minimum of one second!

Hope that is clear enough. But no, the one second bit is not in the legislation ..... you can actually deduct one second from that!

[jjustyy]

If a person gets ILR on the basis of 10 year long residence and is not married to a British citizen, can he/she the ILR person, apply for naturalisation within a few days of getting ILR? Or does he/she have to wait for a year before applying for naturalisation?

The route to ILR is irrelevant! When can naturalisation be applied for (assuming all other requirements met) :-

• If not married to (or in Civil Partnership with) a British Citizen then when ILR has been held for a minimum of one year
• If married to (or in Civil Partnership with) a British Citizen then when ILR has been held for a minimum of one second!

Hope that is clear enough. But no, the one second bit is not in the legislation ..... you can actually deduct one second from that!

Thanks for clearing that up John. When put like that it is quite simple. These ILR/Naturalisation times are extremely confusing, any chance of a sticky with the rules explained as above?

[Janit]

Yes, thanks, John. I am going to hopefully get ILR on the 10 year basis in November, and am interested in all posts about that particular route. Thanks, again.

[Nowell]

I am sending off my Form SET O and just checking that I have got all required documents from Home office.

I am applying on basis on long residence (10 yr) and all that is required are all passports held during that time and 2 photos. Is this correct?

Some of my friends who have applied before mentioned they needed to show a letter from their current employer...I am applying by post so I do not want to send unneccessary docs. Could somebody clarify this for me? Thanks.

[John]

I am applying on basis on long residence (10 yr) and all that is required are all passports held during that time and 2 photos. Is this correct?

Maybe yes, maybe no! But it is all very clear in Section 6 of the form. It is also necessary to take into account :-

Your police registration certificate (if you have been asked to register with the police).

That will depend upon your nationality, whether you have been required to register with the Police. If you have you clearly need to enclose your Police Registration Certificate, as well as the items mentioned by you.

One other point! You are going to use the latest version of the form SET(O)? The easy way to tell, at the moment, is this ..... where will you post the form to? If to a Durham address then you have the latest version, but if to Cannock, well no, go to the IND website and download the latest version.

[Nowell]

Thanks John.
I have never been asked to registered with Police. And yes, I have the latest version of the form, which am posting to Durham.