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Hi,

iam applying for naturalisation and in the form there is arrival date and place

i have got my ILR 12 MONTHS back based on HSMP


but previous to that i was student

so now shall i put my uk arrival date or hsmp start date

as i got my ilr based on hsmp

thanks for your reply

HSMP start date as that's the date you would have the intent to stay in UK on a long term basis.

jagait wrote:HSMP start date as that's the date you would have the intent to stay in UK on a long term basis.

Not sure if this is the right answer as you can count the time you lived on student visa towards your citizenship qualifying period so i think this date has to be when you came in UK

cricinfo wrote:

jagait wrote:HSMP start date as that's the date you would have the intent to stay in UK on a long term basis.

Not sure if this is the right answer as you can count the time you lived on student visa towards your citizenship qualifying period so i think this date has to be when you came in UK

No, you are right, that is not the correct answer at all. Unfortunately, it is not the first time jagait has given questionable advice here. The applicant's intentions do not matter, only the period an applicant legally and continuosly stayed in the UK. As cricinfo correctly said, time on a student visa does count towards it. The arrival date is the date the applicant first set foot on British soil (excluding shorter visits prior to your current long-term stay).

Gyfrinachgar wrote:

cricinfo wrote:

jagait wrote:HSMP start date as that's the date you would have the intent to stay in UK on a long term basis.

Not sure if this is the right answer as you can count the time you lived on student visa towards your citizenship qualifying period so i think this date has to be when you came in UK

No, you are right, that is not the correct answer at all. Unfortunately, it is not the first time jagait has given questionable advice here. The applicant's intentions do not matter, only the period an applicant legally and continuosly stayed in the UK. As cricinfo correctly said, time on a student visa does count towards it. The arrival date is the date the applicant first set foot on British soil (excluding shorter visits prior to your current long-term stay).

Hang on, doesn't the guidance notes state that this date should be the date you first arrived with a view to stay long term and student visa is always granted ( I remember mine in 2004 ) on the assumption that you will return to your home country at the end of the stay and is not a settlement route.

Exception to above is the 10 year rule, but I think the question here is not under those terms. So how is HSMP start date incorrect??

jagait wrote:Hang on, doesn't the guidance notes state that this date should be the date you first arrived with a view to stay long term and student visa is always granted ( I remember mine in 2004 ) on the assumption that you will return to your home country at the end of the stay and is not a settlement route.

Since the introduction of Tier 4, there has been a requirement that prevents students on courses below degree level from being able to stay in the UK for longer than three years. There is presently nothing to prevent those studying at or above degree level from extending their stay indefinitely. Most students should therefore not be affected by this. In any case, intentions cannot be meassured or validated. Fact is that as long as an applicant legally stayed in the UK, HO will consider that period for naturalisation.

Gyfrinachgar wrote:

jagait wrote:Hang on, doesn't the guidance notes state that this date should be the date you first arrived with a view to stay long term and student visa is always granted ( I remember mine in 2004 ) on the assumption that you will return to your home country at the end of the stay and is not a settlement route.

Since the introduction of Tier 4, there has been a requirement that prevents students on courses below degree level from being able to stay in the UK for longer than three years. There is presently nothing to prevent those studying at or above degree level from extending their stay indefinitely. Most students should therefore not be affected by this. In any case, intentions cannot be meassured or validated. Fact is that as long as an applicant legally stayed in the UK, HO will consider that period for naturalisation.

I stand corrected.

I think jagjit was right here as it does matter to the home office what was the intent and as students are even asked this question during interviews previously would you return to your home country after finishing your course then the intent was not there to stay long term and it clearly states in the form your intent to come to stay on a long term basis so in my case i would write the date of my switched category and not the date of my arrival as a student.