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Is Naturalisation 5 years or 6 year?
Posted: Mon Apr 16, 2012 10:27 am
by arnonel
Hi there
Im here on a Tier 2 General Work Permit (with right to settlement)
I always assumed I could apply after 5 years, but im now worried reading this on UKBA "you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period."
This assumes then that after 5 years, I need to get ILR, and then apply after 1 year of ILR, meaning I would have been in the UK for over 6 years before I can apply for Naturalisation.
Is my assumption correct?
Posted: Mon Apr 16, 2012 10:40 am
by Lucapooka
It's after five years residence but having held ILR for at least 12 months. So, in your particular case, after six years (or more if you have to wait some months for ILR to be granted because that is the key date). Spouses and partners of British citizens can apply after three years and having ILR.
Posted: Mon Apr 16, 2012 11:07 am
by friendinneed
They are two separate requirements. In many cases it does mean you'd need to be here 6 years because it will take you 5 years to achieve the ILR. Exceptions tend to be when you are married to a BC (you then only need to be free from restrictions, no need for it to be a year) or are on a fast track system and get your ILR quicker than 5 years.
Posted: Mon Apr 16, 2012 12:52 pm
by arnonel
but in my case, its effectively 6 years, right?
5 years to get ILR
apply for ILR and wait to get it
Stay in ILR for 12 months
Apply for Naturalisation
Posted: Mon Apr 16, 2012 12:57 pm
by Jambo
If not married to a British citizen - yes.
Posted: Tue Apr 17, 2012 1:19 am
by ILR_Applicant_UK
In summary, yes it is 6 yrs unless u're here as a spouse to a UK citizen.
There two distinct milestones... 5 yrs after landing, you are eligible for Indefinite Leave to Remain, which, I guess is as good as naturalisation, minus the passport (and claim to British nationality); you no longer need a visa, have recourse to public funds, university eduation etc... I believe kids born in the UK to parents who have ILR autmatically become eligible for naturalisation. My wife tellsme kids born in the UK even before parents receive ILR become eligible for registration and brit passport immediately when the parents get their ILR.
12 months from the date you get your ILR, you can apply for naturalisation. So, in absolute terms, its 6 yrs, but would take more like 6.5 (ILR decision can be had on the day if u make a personal appearance at one of UKBA centers, but naturalisation on average take 4 months or so, in some cases upto 9 months).