When can I apply for British Citizenship

[redbridge]

Hi,

I came to the UK in Jan 2005 on my WP and then went back in April 2005 and was back again in June 2005 on my WP but later in Apr 2006 changed to dependant visa and have continued to stay in the UK since then.

We were granted ILR in Nov 2009.

I have not been away from more than 90 days this year and overall have not been away for more than 450 days.

Can some please let me know if I can apply for my BC in Dec this year or will I have to wait till Jan next year.

Thanks

[geriatrix]

Route 1 - Complete 5 years in the UK and upon fulfilling standard requirements apply for naturalisation.
Route 2 - Once your spouse naturalises and is granted citizenship (naturalisation certificate), your may then apply for naturalisation as spouse of British citizen as and when requirements for spouse /civil partners are met.

regards

[John]

We were granted ILR in Nov 2009.

When you say "we" you mean you and your spouse? If so are both of you intending to apply for Naturalisation? If so you will no doubt appreciate that it is cheaper for the two of you to apply at the same time.

Once ILR has been held for at least one year ... sometime in November, just 2 months time .... the application(s) can be made. Just ensure that the "applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application" test is passed. And if both of you are applying at the same time, that both of you pass that test.

[redbridge]

thanks john and sushdmehta,

Yes my spouse and myself both want to apply for Naturalisation. Thanks John for pointing out that applying together will be cheaper, we will be applying together.

My spouse entered the UK in 2004 and has completed 5 years before getting ILR and will be completing one year on ILR this November end, (5 + 1 years of legal stay)

Whereas I entered the UK in Jan 2005 and got my ILR based on my spouses WP in Nov 2009 and will be completing one year on ILR at the same time as my spouse.

"applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application" does this mean that I should complete 5 years of legal stay + 1 year on ILR before applying for Naturalisation? In which case you need to have been resident in the UK in total for 6 years.

Thanks

[John]

"applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application" does this mean

It means what it says! For example if the two of you intend to apply on say Monday 29.11.10, the question is simply ..... were you both physically in the UK on 29.11.05?

Clearly both of you had arrived in the UK before 29.11.05, but for all I know one or both of you were outside the UK on 29.11.05, on holiday or on business.

This rule is extremely important. UKBA have no discretion about it.

does this mean that I should complete 5 years of legal stay + 1 year on ILR before applying for Naturalisation? In which case you need to have been resident in the UK in total for 6 years.

Whilst it is tempting to add 5 + 1 and get 6, there is no 6-year rule as such. Subject to the rule mentioned above, the Naturalisation applications can be made as soon as the ILRs are one year old.

[redbridge]

Thanks very much John

for taking time to explain things very clearly.

Regards