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Naturalisation Application Query

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

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Marie Curie
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Naturalisation Application Query

Post by Marie Curie » Fri Aug 16, 2019 7:34 am

Good morning,

Could you advice regarding my application, please?
The situation is the following:
I relocated to the UK in 2015 (tier 4 visa) then married BC in 2017 and received residence permit in the same year, next year it’s 2,5 years and I am going to apply to renew my residence permit for another 2,5 years. However, as far as I understand, I may be eligible to apply for the citizenship because I have been living in the UK since 2015 (i e 5 years in 2020).
My question is - are my calculations right or I misunderstood the rules and tier 4 visa doesn’t count towards the period and I need to consider only the period since I’ve received my residence permit and therefore should stick to the rule of ILR (M) - which implies prolongation of my residence permit for another 2,5 years and only then apply for citizenship.
Sorry for such a long message, it’s been confusing, thank you for your time...

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CR001
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Re: Naturalisation Application Query

Post by CR001 » Fri Aug 16, 2019 8:08 am

I relocated to the UK in 2015 (tier 4 visa) then married BC in 2017 and received residence permit in the same year, next year it’s 2,5 years and I am going to apply to renew my residence permit for another 2,5 years. However, as far as I understand, I may be eligible to apply for the citizenship because I have been living in the UK since 2015 (i e 5 years in 2020).
You need ILR before you can apply for citizenship. ILR takes 5 years in a qualifying visa. Tier 4 is not a qualifying visa.
My question is - are my calculations right or I misunderstood the rules and tier 4 visa doesn’t count towards the period and I need to consider only the period since I’ve received my residence permit and therefore should stick to the rule of ILR (M) - which implies prolongation of my residence permit for another 2,5 years and only then apply for citizenship.

You need 5 years on FLR(M) spouse visa BEFORE you can apply for ILR on SET(M). Once you have ILR, you can then apply for citizenship immediately IF you meet the 3 year residence requirements.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Naturalisation Application Query

Post by CR001 » Fri Aug 16, 2019 8:23 am

Kindly refrain from tagging your question onto the General Discussion topic, where it will simply get lost as it is a topic for those who have ALREADY applied for citizenship and not relevant to your question.

Keep your questions in this topic, where I split your post to.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Naturalisation application questions

Post by secret.simon » Fri Aug 16, 2019 12:02 pm

Marie Curie wrote:
Fri Aug 16, 2019 11:37 am
I misunderstood the rules
Yes.
You need to have lived in the UK for either five years (if not married to a British citizen) or three years (if married to one) AND hold ILR.

ILR requires at least five years of living in the UK on certain specific types of visas (such as a spouse visa). Tier 4 does not count towards ILR, except on a 10 year Long Residence visa.

So, you need to renew your spouse visa for another 2.5 years, then towards the end of that period, apply for ILR, then once you have got ILR, provided you are married to a British citizen, you can apply immediately for British citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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