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Got ILR today. Is it one year from now to get Citizenship?

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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IndiMarshall
Member of Standing
Posts: 407
Joined: Mon Apr 29, 2013 5:04 pm

Got ILR today. Is it one year from now to get Citizenship?

Post by IndiMarshall » Mon Apr 29, 2013 5:19 pm

Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.

Amber
Moderator
Posts: 17474
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Got ILR today. Is it one year from now to get Citizenshi

Post by Amber » Mon Apr 29, 2013 5:51 pm

IndiMarshall wrote:Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.
Yes if you are not the spouse or civil partner of a British Citizen then you must be settled for 12 months (in your case ILR). You must also meet the other standard requirements.

Once you are a British Citizen then your wife has to be settled (have ILR) and be resident in the UK for 3 years as well as meeting the other requirements.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
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Re: Got ILR today. Is it one year from now to get Citizenshi

Post by uksettlement » Mon Apr 29, 2013 8:21 pm

IndiMarshall wrote:Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.
u r eligible to apply for British Citizenship if you qualify 5 yrs criteria....since your wife has not lived in uk for 5 years....you shld apply first....once u get your BC...then your wife can apply under the 3 yr rule for a spouse of BC
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

IndiMarshall
Member of Standing
Posts: 407
Joined: Mon Apr 29, 2013 5:04 pm

Re: Got ILR today. Is it one year from now to get Citizenshi

Post by IndiMarshall » Thu May 02, 2013 1:40 pm

D4109125 wrote:
IndiMarshall wrote:Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.
Yes if you are not the spouse or civil partner of a British Citizen then you must be settled for 12 months (in your case ILR). You must also meet the other standard requirements.

Once you are a British Citizen then your wife has to be settled (have ILR) and be resident in the UK for 3 years as well as meeting the other requirements.

Thank you for your reply. Fine as I expected it is 12 months from the time I got my ILR.
can you explain the situation about my dependant. My wife will complete Three year stay by 10 March 2014. Isnt this enough for satisfying the condition of staying in UK for 3 yrs. Or are you saying that she has to prove 3 yrs residential period from the time I get my British Citizenship.

As per the link you provided for dependants it says 3 yrs stay is enough. Can you pls clear my question. Sorry for the trouble..

Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and

Amber
Moderator
Posts: 17474
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Got ILR today. Is it one year from now to get Citizenshi

Post by Amber » Thu May 02, 2013 1:55 pm

IndiMarshall wrote:
D4109125 wrote:
IndiMarshall wrote:Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.
Yes if you are not the spouse or civil partner of a British Citizen then you must be settled for 12 months (in your case ILR). You must also meet the other standard requirements.

Once you are a British Citizen then your wife has to be settled (have ILR) and be resident in the UK for 3 years as well as meeting the other requirements.

Thank you for your reply. Fine as I expected it is 12 months from the time I got my ILR.
can you explain the situation about my dependant. My wife will complete Three year stay by 10 March 2014. Isnt this enough for satisfying the condition of staying in UK for 3 yrs. Or are you saying that she has to prove 3 yrs residential period from the time I get my British Citizenship.

As per the link you provided for dependants it says 3 yrs stay is enough. Can you pls clear my question. Sorry for the trouble..

Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
What I am saying is that once you become a British Citizen she is then the spouse of a British Citizen and the rule is that she is settled (has ILR) and has been resident in the UK for 3 years. The 3 years is not from when you were naturalised. If, when you are naturalised, your wife has settled status (ILR) and has been resident in the UK for 3 years she can apply for her naturalisation straight away.

If, when you apply for naturalisation, your wife is settled and has been resident in the UK for 3 years you can submit a joint application. However, it is not guaranteed to succeed and will be reliant on the discretion of the caseworker. Both scenarios are subject to your wife meeting the other requirements as mentioned in the link I provided earlier.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

IndiMarshall
Member of Standing
Posts: 407
Joined: Mon Apr 29, 2013 5:04 pm

Re: Got ILR today. Is it one year from now to get Citizenshi

Post by IndiMarshall » Thu May 02, 2013 2:06 pm

D4109125 wrote:
IndiMarshall wrote:
D4109125 wrote:
IndiMarshall wrote:Hi All,

I got my ILR today.
Is it one year from now to be eligible for Citizenship?
I have my wife as dependent she has lived in the country with me only from 10th March 2011. FYI.. she has come to UK only on 10th March 2011.
By the time I am eligible for citizenship i.e on 29th Apr 2014. It will be 3 yrs stay for my wife with me.
Should the dependent stay with Main applicant for 5 yrs to be eligible for Citizenship? Please let me know.

Also please give me anyother suggestions that will make my citizenship application smoother. I would like to maintain all those docs from now on.

Thanks in advance.
Yes if you are not the spouse or civil partner of a British Citizen then you must be settled for 12 months (in your case ILR). You must also meet the other standard requirements.

Once you are a British Citizen then your wife has to be settled (have ILR) and be resident in the UK for 3 years as well as meeting the other requirements.

Thank you for your reply. Fine as I expected it is 12 months from the time I got my ILR.
can you explain the situation about my dependant. My wife will complete Three year stay by 10 March 2014. Isnt this enough for satisfying the condition of staying in UK for 3 yrs. Or are you saying that she has to prove 3 yrs residential period from the time I get my British Citizenship.

As per the link you provided for dependants it says 3 yrs stay is enough. Can you pls clear my question. Sorry for the trouble..

Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
What I am saying is that once you become a British Citizen she is then the spouse of a British Citizen and the rule is that she is settled (has ILR) and has been resident in the UK for 3 years. The 3 years is not from when you were naturalised. If, when you are naturalised, your wife has settled status (ILR) and has been resident in the UK for 3 years she can apply for her naturalisation straight away.

If, when you apply for naturalisation, your wife is settled and has been resident in the UK for 3 years you can submit a joint application. However, it is not guaranteed to succeed and will be reliant on the discretion of the caseworker. Both scenarios are subject to your wife meeting the other requirements as mentioned in the link I provided earlier.
Voww thanks thats good to hear that she is eligible to apply along with me next year. Can you please let me know why a joint application is not guaranteed. I can tell you my dependant satisfies all the requirements in the link you provided.

Also can you please let me know what 'uksettlement' is saying in this discussion.... he/she says
'u r eligible to apply for British Citizenship if you qualify 5 yrs criteria'

Does this mean I am eligible to apply now itself?

but the link says
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Immigration time restrictions

You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.


I think this is what you said in your first reply. Does this mean I have to wait 12 months before I apply for Naturalisation?.

Please let me know.

haider2026
Newly Registered
Posts: 26
Joined: Sat Apr 28, 2012 11:16 am

When can i apply?

Post by haider2026 » Fri May 03, 2013 12:11 pm

Dear All

Due technical reasons with my case i need to know if it would be ok if my and my wife's and children application for Naturalisation reaches the home office on 7th of June 2013:

My family and i entered UK on HSMP in September 2007
My family and i got ILR on 7th June 2012

The reason i consider 7th June 2013 as cut off point is because of the requirement of being physically present in the UK 5 years before the naturalisation application is received by the home office. and this is where the problem is because my wife and child travelled out of uk on a family visit on 10th June 2008. I am worried if due to weekend the application reaches the home office on 10th June the application for my wife and child will be rejected.

Please advise if they will accept our application if it reaches the home office on 7th June 2013 (ILR was granted on 7th June 2012)

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: When can i apply?

Post by Jambo » Fri May 03, 2013 1:01 pm

haider2026 wrote:Dear All

Due technical reasons with my case i need to know if it would be ok if my and my wife's and children application for Naturalisation reaches the home office on 7th of June 2013:

My family and i entered UK on HSMP in September 2007
My family and i got ILR on 7th June 2012

The reason i consider 7th June 2013 as cut off point is because of the requirement of being physically present in the UK 5 years before the naturalisation application is received by the home office. and this is where the problem is because my wife and child travelled out of uk on a family visit on 10th June 2008. I am worried if due to weekend the application reaches the home office on 10th June the application for my wife and child will be rejected.

Please advise if they will accept our application if it reaches the home office on 7th June 2013 (ILR was granted on 7th June 2012)
You would meet the 12 months after ILR on that date (I guess this is the requirement you are worried about). In fact, the caseworker can apply discretion even if you don't have full 12 months when the application is received but have reached full 12 months when he examines the application. There is no discretion with regards to be present in the UK at the beginning of the 5 years so that's why is important to make sure you meet that.

haider2026
Newly Registered
Posts: 26
Joined: Sat Apr 28, 2012 11:16 am

ILR and being physically present in the uk

Post by haider2026 » Fri May 03, 2013 1:33 pm

Many thanks. I can finally conclude the following:

1: It does not matter when was the first entry date into UK, what matters is that the day on which the naturalisation application is received at the home office, they would calculate the date 5 years before that and see if the applicant was Physically present in the uk or not and even being away due business, holidays or medical reasons does not matter. You have to be present in the UK physically 5 years earlier.

2: My/Family 12 monts of ILR will be complete on 7th June 2013 and the home office would accept my wife's application too if it reaches them by 9th June 2013 at the latest as she travelled out of uk for a couple of months on 10th June 2008.

Regards

Amber
Moderator
Posts: 17474
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Got ILR today. Is it one year from now to get Citizenshi

Post by Amber » Fri May 03, 2013 2:07 pm

IndiMarshall wrote:
D4109125 wrote:
IndiMarshall wrote:
D4109125 wrote:
Yes if you are not the spouse or civil partner of a British Citizen then you must be settled for 12 months (in your case ILR). You must also meet the other standard requirements.

Once you are a British Citizen then your wife has to be settled (have ILR) and be resident in the UK for 3 years as well as meeting the other requirements.

Thank you for your reply. Fine as I expected it is 12 months from the time I got my ILR.
can you explain the situation about my dependant. My wife will complete Three year stay by 10 March 2014. Isnt this enough for satisfying the condition of staying in UK for 3 yrs. Or are you saying that she has to prove 3 yrs residential period from the time I get my British Citizenship.

As per the link you provided for dependants it says 3 yrs stay is enough. Can you pls clear my question. Sorry for the trouble..

Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
What I am saying is that once you become a British Citizen she is then the spouse of a British Citizen and the rule is that she is settled (has ILR) and has been resident in the UK for 3 years. The 3 years is not from when you were naturalised. If, when you are naturalised, your wife has settled status (ILR) and has been resident in the UK for 3 years she can apply for her naturalisation straight away.

If, when you apply for naturalisation, your wife is settled and has been resident in the UK for 3 years you can submit a joint application. However, it is not guaranteed to succeed and will be reliant on the discretion of the caseworker. Both scenarios are subject to your wife meeting the other requirements as mentioned in the link I provided earlier.
Voww thanks thats good to hear that she is eligible to apply along with me next year. Can you please let me know why a joint application is not guaranteed. I can tell you my dependant satisfies all the requirements in the link you provided.

Also can you please let me know what 'uksettlement' is saying in this discussion.... he/she says
'u r eligible to apply for British Citizenship if you qualify 5 yrs criteria'

Does this mean I am eligible to apply now itself?

but the link says
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Immigration time restrictions

You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.


I think this is what you said in your first reply. Does this mean I have to wait 12 months before I apply for Naturalisation?.

Please let me know.
I say that it is not guaranteed for your wife if you apply together as your wife will not be married to a British Citizen at the point and must technically be resident 5 years, for which she will only be resident for 3. However, as you are applying at the same time and upon your approval and ceremony she will be married to a British Citizen there is scope for the caseworker to apply some discretion and grant you both citizenship at the same time.

After you have been resident for at least 5 years and had ILR for 12 months you can apply as you are not married/civil p to a British Citizen.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Amber
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Posts: 17474
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: ILR and being physically present in the uk

Post by Amber » Fri May 03, 2013 2:08 pm

haider2026 wrote:Many thanks. I can finally conclude the following:

1: It does not matter when was the first entry date into UK, what matters is that the day on which the naturalisation application is received at the home office, they would calculate the date 5 years before that and see if the applicant was Physically present in the uk or not and even being away due business, holidays or medical reasons does not matter. You have to be present in the UK physically 5 years earlier.

2: My/Family 12 monts of ILR will be complete on 7th June 2013 and the home office would accept my wife's application too if it reaches them by 9th June 2013 at the latest as she travelled out of uk for a couple of months on 10th June 2008.

Regards
That seems fine.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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