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Naturalisation Questions - Residency and KoLL

Posted: Wed Jan 30, 2013 2:06 pm
by Mrs C.
Hi, I'm hoping to get advice or information from some one who has been in the same situation. I want to apply for British citizenship but will only qualify for 5 year residency in December 2013. I have heard that discretion can be applied if 'you had an application for asylum or leave to remain refused but later approved because the initial decision was incorrect, and this initial mistake caused a delay before you could apply for indefinite leave to remain." My situation is that my family and I applied for settlement to join my mom here in December 2007 which we were denied. We contested that decision and in December 2008 we got our settlement visa (27 months). In March 2011 we then applied for ILR which we all got with no problems. My question is that do I qualify for citizenship? I was over 18 when I got my first visa and I'm now a student .Should I risk losing £800 or just wait another 12 months?
Thanks[/list]

Posted: Sat Feb 02, 2013 3:56 pm
by CR001
unless you are married to a british citizen which requires 3 years residence, you will have to wait as the standard general resident requirement is 5 years. nationality rules are different to immigration rules.
what was your arrival date in the uk?

Posted: Sun Feb 03, 2013 2:29 pm
by Mrs C.
I arrived in December 2008, so i still have another 10 months to wait to qualify under the five year rule.
so the discretion rule wouldn't apply in my case?

Posted: Sun Feb 03, 2013 2:53 pm
by CR001
you will need to wait as you have to have been physically present in the uk exactly 5 years before to the day that the ukba receives your application.
are you married to a brtish citizen?

Posted: Wed Feb 06, 2013 12:52 pm
by Mrs C.
No, he isn't a British national. Thanks, I will wait until the end of the year

Posted: Sat Nov 09, 2013 10:01 am
by Amber
Mrs C. wrote:Hi all. I am trying to get my head around the new English language requirements that are needed for naturalisation but it seems like I am getting more confused. Could you help? My situation is:
1. I'm applying for naturalisation after 5 years settlement in the UK in January 2014. I arrived in December 2008 on a family settlement visa (not spouse.)
2.I already have my LITUK test certificate after applying for ILR in 2011.
3. My first language is English but my country of origin is not on the UKBA list of English speaking countries.
4.I don't have IGCSE English but have CIE English language (AS Level)
5. I'm currently an undergraduate student here in the UK ,only second year of a four year degree. Prior to that I took an Access course here and have a diploma.
From reading the requirements, I assume that I need to take an English Language test, but which will be the best one for me? I have spoken to one ESOL provider and they said I need to attend classes for about four months before I can even take the test. Surely this isn't the case. Can someone advise me before I waste my time and money on something that is not necessary.
Thanks in advance.
Ayyubi72 wrote:Check that the qualifications you already have appear on the home office list. You need B1 level in speaking and listening only. Does not matter about reading and writing.

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf


If your qualification does not appear in the list then you can do a test only to fulfill the requirement. There is no need to do any classes.

http://englishexamcentres.co.uk/b1-esol ... vel-3.html