Oxford council NCS service inaccurate information ?

[Jaycity]

I have just got of the phone with the Oxford council regarding NCS appointment for myself . I seem to be getting different information from Oxford council compared to UKBA and this forum .

They are saying I am not qualifying for naturilstation/ citzenship period . This is due to me not completing 1 year on my ILR granted on 16th December 2013.

My understanding is that if I am to married to British Citzen ( UK Born ) before 2012 and meet all other standard requirements I am eligible withouth waiting a year .

I did try explaining this to the lady handling my call but was told they are clear about this rule . In my view and research Oxford council have not got this right and need to fix it .

Please can I get a clear answer on this ?


I apologise in advance to the Oxford council if I am wrong .


Thanks

[guavaguy]

My wife also received her ILR a couple of weeks back and we applied immediately for citizenship through Bracknell council with an appointment very soon. (I'm British)

So the one year wait after ILR shouldn't apply providing the 3 year residence requirement as the wife of a British citizen is met.

[Jaycity]

Exactly . Not sure how to progress this as Oxford council don't seem to be listening . Can I go to another council or does it have to be where you live ?

Thanks

[guavaguy]

Yes, going to another council for the checking service is no problem. We actually don't live in the Bracknell area but they were cheaper than the rest. I would call Oxford again though and hopefully you'll get someone different who will arrange your appointment

[Casa]

Oxford council are incorrect. Request they call the UKBA for confirmation. You are of course free to use another council, but it's a shame if they are turning others away for the same reason.

[Amber]

As Casa states as an application for naturalisation under section 6(2) BNA does not require 12 months settlement, rather ‘just’ 3 years residency amongst the other standard requirements.

[Jaycity]

I have now heard from UKBA and hate to say it I am still confused ?.
Thank your for your enquiry.

Depending on your current citizenship or nationality, you may be able to apply in several ways. You should read the requirements for each type of application that is relevant and decide which is best for you. If you are unsure if you meet the requirements, you may want to take professional advice from a solicitor or from an immigration adviser registered by the Office of the Immigration Services Commissioner (OISC).

If you meet the requirements for naturalisation you should go to the applying for naturalisation as a British citizen section for details on how to apply.

There are seven requirements you need to meet before you apply:

· You must be aged 18 or over.
· You must be of sound mind.
· You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
· You must hold speaking and listening qualification in English at B1 CEFR or higher, or its equivalent. (unless exempt)
· You must prove sufficient knowledge of life in the UK by passing the life in the UK test. (unless exempt)
· You must be of good character.
· You must meet the residential requirements (see below).

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

· been resident in the UK for at least five years (this is known as the residential qualifying period); and
· been present in the UK five years before the date of your application; and
· not spent more than 450 days outside the UK during the five-year period; and
· not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
· not been in breach of the Immigration Rules at any stage during the five-year period.

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. If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions.

Further information regarding naturalisation as a British Citizen can be found at the following website links;

http://www.ukba.homeoffice.gov.uk/briti ... alisation/
http://www.ukba.homeoffice.gov.uk/briti ... alisation/
http://www.ukba.homeoffice.gov.uk/sitec ... y-fees.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... let_an.pdf

Please note that as the onus is upon the individual to ensure that he/she satisfies the requirements set out in the guidance material that accompanies each and every application form, the Nationality Group is not able to give, indicate or advise upon the outcome of any such application prior to it being correctly submitted and being given full and careful consideration. Therefore, you are advised to read through the guide prior to submitting a future application.

Kind regards,

Nationality Helpdesk

Home Office | Temporary Migration | UK Visas and Immigration | Customer Contact Centre | Sheffield | S3 8NS |

Accredited to the Customer Service Excellence standard.

[Casa]

The following from the UKBA email refers to rules post July 2012
been resident in the UK for at least five years (this is known as the residential qualifying period)

You are under the 'old' rules - i.e 3 years of legal residence and married to a BC...therefore you can apply without waiting 12 months after ILR.