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Naturalisation Question

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luka
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Joined: Sat Nov 20, 2004 11:40 am

Naturalisation Question

Post by luka » Sat Nov 20, 2004 12:08 pm

Hi All(moderators in particular), thanxs for this forum and all the advice it gives. But I have a question to ask....
I got ILR in 2001 after getting married to my exwife who had ILR. Unfortunately the marriage ended as a result of my exwifes adulterous affair and the marriage was dissolved(divorced) in June this year. I have thought of applying for naturalisation this year. My question is will the fact that my marriage from which I got ILR, affect my application for naturalisation?

-Just to clarify matters, I have been residing in the UK for the last 12 years and I have a 6 year old son who is a British Citizen.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Not yet?

Post by John » Sat Nov 20, 2004 6:36 pm

My question is will the fact that my marriage from which I got ILR, affect my application for naturalisation?
No not at all. But why did you not apply for naturalisation years ago? Seems to me you could have applied shortly after getting your ILR back in 2001.

Given that you appear not to be currently married to a British Citizen, you have had ILR for a period of at least one year, so have passed that hurdle.

You need to pass the 450 day and 90 day tests ...... not outside the UK more than 450 days in the last five years .... and not outside for more than 90 days in the last year ..... and the one that trips up quite a number of people ... not outside the UK exactly five years before IND receive your application. Do carefully check your dates in and out of the UK.

And don't forget the language test requirement. If you ignore that your application will be promptly returned to you.

luka
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Joined: Sat Nov 20, 2004 11:40 am

Post by luka » Sun Nov 21, 2004 2:23 pm

Thanx a lot John. It is true that I could have applied years ago but it was not on my mind at the time, I guess it was procrastination. In the last 5 years I have only been out of the country for a total of about 25 days so I think I am also safe on that part. I should be filling in my form soon.
thanx once again.

Dude
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Joined: Mon Jun 21, 2004 2:25 pm

Post by Dude » Sun Dec 05, 2004 4:44 am

Third point ---
...not outside the UK exactly five years before IND receive your application
Could u please elaborate on the third point u said trips up quite a number of ppl.

I have recently recieved ILR on the basis of 10years as a student. Is that true that i can apply for Naturalisation after 7 months.
Thank you in advance[/b]

John
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Posts: 12319
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Rules for naturalisation

Post by John » Sun Dec 05, 2004 9:56 am

Dude, let's just summarise the rules. I assume that you are not married to a British citizen (otherwise the rules are less strict) :-
  • you need to have held ILR at at least one year
  • you must not have been outside the UK for more than 450 days in the 5 years prior to IND receiving your application
  • you must not have been outside the UK for more than 90 days in the 1 year prior to IND receiving your application (a little bit of leeway on this one, but not a lot)
  • you were in the UK exactly 5 years prior to IND receiving your application
  • you must deal with the language test issue ... provide evidence that your English is at least at the Entry 3 Level
Those are the current conditions ... it is possible that a citizenship test might be introduced sometime in the near future .... the legislation is already on the statute book ... the regulations to invoke that legislation have not yet been laid.

The "you were in the UK exactly 5 years prior to IND receiving your application" rule? As simple as this ... the answer is either yes or no .... example ..... IND receive an application from someone on say 01.02.05 ... question .... was the applicant in the UK exactly five years earlier? ... on 01.02.00? If yes then the rule has been passed ... if no then they should wait before submitting their application. So if the person first came to the UK say 10 years ago but was absent from say 15.01.00 to 28.02.00 .... they would need to wait until 01.03.05 before submitting the application (assuming all the other tests passed).

Does that help?

Dude
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Joined: Mon Jun 21, 2004 2:25 pm

Post by Dude » Mon Dec 06, 2004 6:04 pm

Thanks John, That cleared my misunderstanding.
Thanks you all for ur superb service and suggestions.

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