Naturalisation Equiry ---urgent pls

yankee1 · Post by **yankee1** » Fri Sep 02, 2011 8:53 pm

Hi,

Please can you advise, i just want to ask a general opinion about naturalisation application.

1. When exactly is the 5years residential qualifying period count from, is it the date when Limited Leave to remain was granted or the date when ILR was granted?

2. If a person was granted ILR on basis of marriage and now divorce, will this ( that is been divorce) affect the naturalisation application in any way or so?

Please advise, thanking you all in anticipation for your support.

Backer · Post by **Backer** » Fri Sep 02, 2011 9:51 pm

Evrything you need is described in:

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Specifically,

1. the 5 years can start when limited leave to remain was first granted. However, you need to be on ILR for at least 12 months if divorced from British citizen (dcree abselute).

2. No. Once you have ILR it does not matter how you got it. Assuming you are now divorced (decree abseloute) then you have to follow the standard requirments as described by the UKBa link I provided above.

yankee1 · Post by **yankee1** » Sat Sep 03, 2011 6:29 pm

Thank you Backer for your reply.

According to your reply, so i will need to count from the date that the Limited leave to remain was granted to make up for the 5yrs qualifying period.
Also just to point out that i already have my ILR since 2009.

Is it ok for me to apply now as i have already been on ILR for 2yrs now. But if i count from the date when LLR was granted then it will 4yrs 8months?

Please advise, whether to go ahead with the application now or count from date when Limited leave remain was granted?

Thanks alot

Post by **John** » Sat Sep 03, 2011 6:51 pm

Sorry I disagree with :-

the 5 years can start when limited leave to remain was first granted

-: because that is not the way it works.

yankee1, if you are no longer married to (or in Civil Partnership with) a British Citizen then your qualifying period is 5 years long, and that 5-year period ends on the day that UKBA receive the Naturalisation application.

One of the tests you need to pass is to ensure that you were physically in the UK exactly 5 years before UKBA receive the Naturalisation application.

You mention a period of 4 years 8 months. What is that? The time since you first arrived in the UK? If not, when did you first arrive in the UK?

yankee1 · Post by **yankee1** » Sat Sep 03, 2011 8:06 pm

Hi John,

Thanks alot for your response, below are my detail

1. I came to UK in Jan 2005 with working holiday maker visa then (1year visit and 1 year work experience visa)
2. Got married here in UK 2006 and got my Limited leave to remain in
June 2007
3. I got my ILR in June 2009 but now divorce.

My questions or should i say worries are --

Can i apply for my naturalisation now or do i need to wait till June 2012 (for purpose of 5yrs qualifying period)?

Thank you very much and God bless

gidoc · Post by **gidoc** » Sat Sep 03, 2011 8:33 pm

Got married here in UK 2006 and got my Limited leave to remain in
June 2007

You dont mention if you continued on your holiday work visa until june 2007,if so, then your 5 yr time line will start from June 2007.

Post by **John** » Sat Sep 03, 2011 9:07 pm

Can i apply for my naturalisation now

Don't know. Were you physically in the UK 5 years ago, in September 2006?

It might help if you post details of your dates in and out of the UK since 03.09.06.

Shame you did not apply for your Naturalisation immediately after you got your ILR, while still married to your British spouse.

yankee1 · Post by **yankee1** » Sat Sep 03, 2011 10:11 pm

John wrote:Don't know. Were you physically in the UK 5 years ago, in September 2006?

It might help if you post details of your dates in and out of the UK since 03.09.06.

Hi John,

Physically, i have been in the UK since 23 of January 2005

Since that 2005, i have only been outside UK for only 4 weeks (ie 2weeks in 2009 and 2weeks in 2010)

But alot of people are confusing me, sayin that, the residential requirement of 5years period start from the date Limited leave to remain was granted.

However, i was thinking that, the 5years period start from the very first date of arriving the UK

I look forward hearing from you and in anticiapation i want to say thank you for all your coments and response.

gidoc · Post by **gidoc** » Sat Sep 03, 2011 10:57 pm

However, i was thinking that, the 5years period start from the very first date of arriving the UK

The period of residence during your working holiday visa will not be counted towards naturalisation requirements, hence my advise earlier.
It doesnt matter if you were in UK 5 yrs from now.

Post by **geriatrix** » Sat Sep 03, 2011 11:51 pm

gidoc wrote:The period of residence during your working holiday visa will not be counted towards naturalisation requirements, hence my advise earlier.

Time spent in UK under any lawful immigration category (including visitor) can be included in "residential requirements" for the purpose of naturalisation.

OP - Given that your absences were only in 2009 and 2010, if you meet the other standard requirements then you may apply for naturalisation any day.

Post by **vinny** » Sat Sep 03, 2011 11:56 pm

The start of the 5 years qualifying period is calculated backwards, from the date the UKBA receives the naturalisation application.

Usually, any legal time spent in the UK may be included towards the residential requirements.

Post by **John** » Sun Sep 04, 2011 7:45 am

gidoc wrote:The period of residence during your working holiday visa will not be counted towards naturalisation requirements, hence my advise earlier.

Absolutely and totally wrong. As already pointed out, any legal time in the UK can count, as regards a Naturalisation application.

yankee1 · Post by **yankee1** » Sun Sep 04, 2011 9:25 am

Hello Guys,
i will like to say a big thank you for your comments and clarification with the issue of residential requirement, sincerely is much appreciated.

sushdmehta Moderator wrote:[/quote]
Time spent in UK under any lawful immigration category (including visitor) can be included in "residential requirements" for the purpose of naturalisation.
OP - Given that your absences were only in 2009 and 2010, if you meet the other standard requirements then you may apply for naturalisation any day.

vinny Moderator wrote:[/quote]
The start of the 5 years qualifying period is calculated backwards, from the date the UKBA receives the naturalisation application.
Usually, any legal time spent in the UK may be included towards the residential requirements.

John Moderator wrote: [/quote]
Absolutely and totally wrong. As already pointed out, any legal time in the UK can count, as regards a Naturalisation application.

Nazia88 · Post by **Nazia88** » Sun Sep 04, 2011 12:45 pm

hello yankee1

please dont mixedup with everyone. i give you a big example of mince case. i added about 6 month as a visitor visa towards mine resident qualifying period and i got approved within 3 month so please dont worried about that but make sure you were physically and legally present in the uk 3/5 year (even a visitor or working holyday visa) before ukba recieived ur application. i got adviced from John Moderator and others senior memeber. if you need more information please just ask and go ahead for your application and ofcourse all others test must be passed aswel. goodluck

regards
nazia x

yankee1 · Post by **yankee1** » Sun Sep 04, 2011 3:51 pm

Hi Nazia88,

Just to say a big thank you for sharing your own personel experience relating to my case.

Really appreciate all you guys comments and advise.

Thanks alot

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Naturalisation Equiry ---urgent pls