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Nationality: residential qualifying period

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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newc
Junior Member
Posts: 52
Joined: Mon May 02, 2011 11:38 pm

Nationality: residential qualifying period

Post by newc » Sat May 28, 2011 10:01 pm

Hi Could anyone please clarify what about the following situation in the italics from the section "When does the residential qualifying period start?" on UKBA site if anyone has been to this situation...?

If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period

I came to UK 17 Jun 2005 and got ILR on 27 May 2010 (i.e. with in 28 days of 5 years from WP + WP + Tier 1 category) could I apply for Naturalisation on 17 June 2011 or on 27 May onwards?

Although My 12 months of ILR (immigration control free time ) are complete on 26 May...

Could anyone please comment?
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gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Sat May 28, 2011 10:57 pm

Although My 12 months of ILR (immigration control free time ) are complete on 26 May...
This being correct, you may apply for naturalisation on 27/05/11
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Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat May 28, 2011 10:59 pm

27 May 2011.

The text you quoted is about immigration exemption, not free from immigration restrictions which is when you have ILR.

The following sentence after the text you quoted explains it: "If you were in the UK as a diplomat or as a member of visiting armed forces, or if you were in any place of detention, you are considered to have been exempt from immigration control during that time."
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sainird
Newly Registered
Posts: 13
Joined: Sun May 29, 2011 11:58 am

Re: Nationality: residential qualifying period

Post by sainird » Sun May 29, 2011 2:47 pm

newc wrote:Hi Could anyone please clarify what about the following situation in the italics from the section "When does the residential qualifying period start?" on UKBA site if anyone has been to this situation...?

If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period

I came to UK 17 Jun 2005 and got ILR on 27 May 2010 (i.e. with in 28 days of 5 years from WP + WP + Tier 1 category) could I apply for Naturalisation on 17 June 2011 or on 27 May onwards?

Although My 12 months of ILR (immigration control free time ) are complete on 26 May...

Could anyone please comment?
Exemption and Restirction in immigration are two completly different scenario.

The law states that one year after ILR is the date you can apply for Naturalisation unless any absence from uk delays it further.

You qualify for naturalisation on 27-05-2011 but keeping in view of any absences.
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