ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Naturalisation

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

Naturalisation

Post by asadkhan71 » Sun Jul 28, 2013 1:18 pm

I came in to the UK in 2008 on a diplomatic visa and stayed in till 2011 and in 2009 I got married with a British citizen while exempt from immigration. 16 of feb 2011 my job was finished and retuned to country of origin on 27 feb 2011 and exactly six months afterwards I was here on spousal visa my ilr is due next month, my question is when my naturalisation qualifying period would start?

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Sun Jul 28, 2013 1:36 pm

from the date of your arrival on spouse visa.

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Post by Amber » Mon Sep 30, 2013 1:29 pm

asadkhan71 wrote:I am going to apply for naturalisation, I have some question re the referees, I would appreciate someone can answer. I understand what the requirements are in place for referees, one should be person who has standing in the community and other one can be any British citizen over 25 years. I have got a registered nurse for professional nurse the second one is a bit confusing he is living with my sister in law they are not married or not civil partners, can he be a referee? He shares everything wit my sister in law
ranchers wrote:go for it.. no paper to prove that he is ur relative.. secondly you should not be living on same address..
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

Post by asadkhan71 » Mon Oct 28, 2013 3:45 pm

Annex B of BNA 1971 check its clause 9 onward. Don't go to the UKBA website just search in google. If you don't understand let me know.

asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

Annex b

Post by asadkhan71 » Mon Oct 28, 2013 6:36 pm

9. Technical absences
9.1 Normally, all the time that applicants are physically present in the UK should be counted as residence. However, paragraph 9 of Schedule 1 to BNA 1981 provides that applicants are regarded as absent from the UK (although physically present here) at any time when they are exempt from immigration control under s.8(3) (diplomats) or s.8(4) (members of home, Commonwealth or visiting forces) of the Immigration Act 1971, as amended by s.4 of the Immigration Act 1988). The 1988 Act removed the exemption from control of locally engaged non-diplomatic members of missions (see below). Persons exempt from immigration control under s.8(2) of the Immigration Act 1971 (Consular staff and certain employees of international organisations) are not regarded as being technically absent from the United Kingdom whilst so exempt.
9.2 Treatment of technical absence for naturalisation purposes
9.2.1 There is discretion under paragraphs 2(b) and 4 of
Schedule 1 to the BNA 1981:
• to regard technical absence as residence for naturalisation
purposes; and
• to accept that an applicant can be treated as present here on the date 5(3) years before the date of application if it comes within the period of technical absence
9.2.2 Immigration Policy Directorate (Croydon) can advise on whether an applicant is, or has been exempt, from
- 25- immigration control, either as a locally engaged non- diplomatic employee of an Embassy or High Commission, a diplomat or as a member of a home, Commonwealth or visiting force, or as a member of the family and part of the household of such a person. This may be particularly important in cases where 1 August 1988 is included in the qualifying period for naturalisation, because of the changes made by the Immigration Act 1988.
9.3 Applicants exempt from immigration control under section 8(3) or (4) of the Immigration Act 1971, as amended by section 4 of the Immigration Act 1988
9.3.1 For the purposes of naturalisation such applicants can be divided into 3 categories:
a. Those who are, or have been, members of the home forces (i.e. HM Forces and were serving in the United Kingdom on the date of application);
b. Past and present members of the diplomatic staff of a mission, a Commonwealth or visiting force, whether locally engaged or otherwise;
c. Past and present locally engaged members of the non- diplomatic administrative, technical and service staff of a mission whose employment began before 1 August 1988, or were locally recruited on or after 1 August 1988 and were not at that time entitled to exemption from control but became so entitled upon re-admission following an absence abroad.
NB. Those in category c whose employment first began
- 26 - on or after 1.8.88 are not entitled to exemption from immigration control (i.e. they remain subject to control) by virtue of the 1988 Act if they do not leave the United Kingdom. They do not need to rely on paragraph 2(b) and 4 of Schedule 1 to the BNA 1981 to meet the residence requirements.
9.4 Members of HM Forces
9.4.1 Applications made by those in category 9.3.1.a should be considered in accordance with the guidance in Annex B(i).
9.5 Diplomats and Members of Diplomatic Missions
9.5.1 Section 8(3) of the Immigration Act 1971 gives total exemption from immigration control to members of a diplomatic mission (within the meaning of the Diplomatic Privileges Act 1964) - i.e. the head of a mission, members of the diplomatic staff and the administrative, technical and service staff (but see paragraph 9.5.2-9.5.3 below). Exemption is also granted to a person who belongs to the family and forms part of the household of the member. Private servants of members of a mission do not qualify for exemption.
Locally engaged staff (non-diplomats)
9.5.2 Section 8(3) was amended by the Immigration Act 1988 to ensure that, from 1 August 1988, locally engaged members of a mission in the non-diplomatic categories of administrative and technical staff and service staff, and their family, would only be entitled to exemption from control if they entered the UK:
- 27-
a. as a member of that mission; or
b. in order to take up a post offered to them before arrival.
This had been done to prevent any abuse of obtaining employment at a mission to prolong a person's stay in the United Kingdom when the person would not otherwise qualify under the Immigration Rules.
9.5.3 The position of persons recruited in the above categories prior to 1 August 1988 is not affected, and their exemption continues. After that date, missions are only able to engage locally persons in the above categories whose status allows them to take employment, or persons whose appointments are formally notified to the Protocol Department of the Foreign and Commonwealth Office under Article 10 of the Vienna Convention on Diplomatic Relations. If the Foreign and Commonwealth Office are satisfied that the persons are in bona fide employment, and entitled to privileges and immunities, employment is permitted. They are, however, subject to control, unless they subsequently re-enter the UK as an established member of the mission following an absence abroad.
9.5.4 For applicants in category 9.3.1.b, and subject to the additional considerations in paragraph 9.5.5 below, we should consider disregarding up to 730 (450) days technical absence where the applicant:
• was granted indefinite leave to remain at least 12 months before the application date; and
- 28 -

can show strong links with the United Kingdom which are wholly independent of the exempt employment (e.g. a period of residence before entering exempt employment); and
• is otherwise qualified for naturalisation

akhan25
Member
Posts: 168
Joined: Sat Feb 23, 2013 10:21 pm

Post by akhan25 » Mon Oct 28, 2013 6:58 pm

Yes I have read it they all are under discretion and I hope u did tick that box on ur form that u r applying under discretion.

akhan25
Member
Posts: 168
Joined: Sat Feb 23, 2013 10:21 pm

Post by akhan25 » Mon Oct 28, 2013 7:03 pm

So after u left uk then u came back as spouse those 6 months were absences which in my understanding have broken ur continuity. How much ur solicitor have charged u their fees.

asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

annex b

Post by asadkhan71 » Mon Oct 28, 2013 7:04 pm

Actually I have applied through a solicitor who dealt all my previous cases re spouse visa, ilr, I am satisfied with him as he explained me before applying.

akhan25
Member
Posts: 168
Joined: Sat Feb 23, 2013 10:21 pm

Post by akhan25 » Mon Oct 28, 2013 7:08 pm

Well let me know whatver decision come so that in future if aomeone ask me at least I can direct them accordingly and bdw spouse visa and ilr is not a rocket science its very easy procedures I dont see ur solicitor doing anything outstanding to assist u with them. I personaly dont rely on them half of them dont even have a clue what they doing.

asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

Post by asadkhan71 » Mon Oct 28, 2013 7:11 pm

akhan25 wrote:So after u left uk then u came back as spouse those 6 months were absences which in my understanding have broken ur continuity. How much ur solicitor have charged u their fees.
Yes I did left the UK for for exactly 6 months, these six months makes 180 days which are ok according to the requirement. in the last 2 years I didn't go anywhere from the UK.
As far as solicitor is concerned I can't mention this here as it is breach of rules laid out by this forum people and don't want to offend any body. Any good solicitor would know about these clauses, and would advise you accordingly.

asadkhan71
Newbie
Posts: 49
Joined: Thu Nov 05, 2009 9:42 am
Location: Birmingham, UK
Contact:

Post by asadkhan71 » Mon Oct 28, 2013 7:20 pm

akhan25 wrote:Well let me know whatver decision come so that in future if aomeone ask me at least I can direct them accordingly and bdw spouse visa and ilr is not a rocket science its very easy procedures I dont see ur solicitor doing anything outstanding to assist u with them. I personaly dont rely on them half of them dont even have a clue what they doing.
I think I am not an Immigration Advisor and not an expert in this field so I took the safe side in current circumstances so sought the help of a solicitor. When I said I trust him, I do mean it, I have seen many whom mission is to ask money first and then listen to you. This man (of course he is not my relative, he is an English-man, and am not promoting him) after a deliberation of nearly 2 years I hired him. I am not saying anything about rocket sciences, after working in a public sector for 15 years dealing with people of all backgrounds, I can understand your position. But I would suggest you never think "I know everything".

I thank you for your queries. This would be my last post regarding this thread.
Best of luck.

akhan25
Member
Posts: 168
Joined: Sat Feb 23, 2013 10:21 pm

Post by akhan25 » Mon Oct 28, 2013 7:30 pm

I never said I knw everything I was only asking to get as much information for my friend so he can apply as well but before I gave him 2nd advice I wanted to be sure that im confident on what advice I am giving him. About solicitor it doesnt matter he is white or black if they are honest they r if not then they r not being english doesnt make him stand out from rest. I dealt with a lot of different backgrounds of people to and some are they just wanna say right to what they have make up their mind on they only agree and praise those who agree with them anyway leave it all a side just do update us all about ur case as alot of members on this forum think same rules as I said this forum is to share experiences and give advice on personal basis nothing is like certain that this is this n that is that. And good luck to all of us who are waiting for their approvals.

Locked
cron