Naturalisation - When exactly can I apply?

[Khurram]

Hi, I will appreciate anyone's comments with regard to my query.

09/99 - Arrival date in UK : Sep 1999 (on a Student Visa)
09/00 - Got a WP : Sep 2000
01/04 - Tied the knot and wife arrived in UK : Jan 2004
08/04 - ILR approved (for both): Aug 2004
??/05 - Naturalization : ??? 2005

Just wanted to ask as to when exactly will I be able to apply for Naturalisation? Is it 1 year from 08/04, or 5 years from 09/00?
[though I am completing my 4 years in Sep 04, but went in 4 weeks prior to the completion of that tenure for the ILR]

Also, from a pinch of knowledge about immigration that I have, I think I've been to work this out that "if" I do manage to get my naturalisation by next year (2005), then think my wife can apply for hers in Jan 2007 (based on her being in the UK for 3 years and married to a British citizen). Kindly correct me if I am mistaken.

Regards

[numeraire]

I have roughly the same question
Can you apply for naturalisation 4 weeks before the completion of the 1 year anniversary of your ILR?

[Joseph]

Khurram

You can apply 1 year from 8/04 assuming that on the same date in 2000 you were in the UK on your student visa.

Yes, you wife could apply in 1/07 if you are already a British Citizen.

numeraire,

The answer is no, you generally can't apply before 1 year on ILR. Assuming that you have met the 5 year requirement, you theoretically could ask for an exception to the 1 year ILR rule, but I suspect that would delay your application. Better to wait until you meet all the conditions and then you might save a lot of time getting approval.

Joseph

[Khurram]

Thanks Joseph, much appreciated.

One slight clarification though, the wife can apply for her Naturalisation in 01/07 "IF" my naturalisation has been approved by then (i.e. prior to Jan 2007)?

Regards

[Joseph]

Yes, that's what I meant.
Joseph

[Khurram]

Thanks again Joseph.

[KK70]

Hypothetical question,

Arrival in UK on say : 01-01-2000 on WP.
ILR on say :30-04-2004 (delay of 4 months due to whatever personal reason).

Now the question is:

Can apply for naturalisation only after 1 year of ILR i.e. on 30-04 2005

OR

Can apply after 5 years of stay in UK i.e. 01-01-2005, assuming the conditions (i) Must have a continuous stay of 5 years in UK with no prolonged absences PLUS (ii) must be holding ILR at time of naturalisation application.

[Joseph]

Good question. You could in theory do either but waiting for the first option is better in my view.

You could do the second option by applying in January but asking for an exception to the rules. They would probably grant the exception on the basis that by the time the application is decided on (after April) you will have met the one-year ILR requirement anyway. That means that your application could sit there for months being put in a special queue "outside the rules." As such, it could sit there long past April.

On the other hand, if you waited and met all the rules to the letter, you could strike out the exception languange on the form (in the box above your signature) and be placed in a queue called "inside the rules -- all documents provided" and possibly get a decision in weeks like some recent posters. Those are the applications they want to get out the door quick.

I think if you try to give them everything they ask for and make it easy for them to make a quick decision, you will be rewarded by getting things approved quicker and with the minimum of fuss.

Joseph