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Naturalisation & Student Visa Time

General UK immigration & work permits; don't post job search or family related topics!

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menomenee
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Naturalisation & Student Visa Time

Post by menomenee » Wed Jun 21, 2006 5:06 pm

ok - quick question which I can't find guidance on but surely exists somewhere on this board (apologies if my search skills are not up to par).

my situation:

Arrived May 2001 on work permit. Switched to student visa in September 2002. Married in July 2004 and switched to spousal visa. Granted ILR o on basis of continued marriage last week so have full ILR status now.

Based on being here over 5 years Legally, am I entitled to apply immediately for naturalisation (noting that my ILR was only granted last week?) - I ask because I want to understand how the time on the student visa affects this process.

One thing - my 5 years here is spread over two passports as my passport expired in early 2004 but the new passport has the 2002-2004 education visa in it (an immigration officer at airport kindly transferred it so I wouldn't have to carry two passports around).

Any help or redirections to appropriate posts would be greatly appreciated.

Thank you.

olisun
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Joined: Mon Oct 14, 2002 2:01 am

Re: Naturalisation & Student Visa Time

Post by olisun » Wed Jun 21, 2006 5:36 pm

menomenee wrote:ok - quick question which I can't find guidance on but surely exists somewhere on this board (apologies if my search skills are not up to par).

my situation:

Arrived May 2001 on work permit. Switched to student visa in September 2002. Married in July 2004 and switched to spousal visa. Granted ILR o on basis of continued marriage last week so have full ILR status now.

Based on being here over 5 years Legally, am I entitled to apply immediately for naturalisation (noting that my ILR was only granted last week?) - I ask because I want to understand how the time on the student visa affects this process.

One thing - my 5 years here is spread over two passports as my passport expired in early 2004 but the new passport has the 2002-2004 education visa in it (an immigration officer at airport kindly transferred it so I wouldn't have to carry two passports around).

Any help or redirections to appropriate posts would be greatly appreciated.

Thank you.
U can apply for naturalisation after minimum 12 months on ILR and not before that

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Wed Jun 21, 2006 5:48 pm

Actually you are entitled to apply for naturalisation now based on the following criteria:

You are married to a British Citizen;
You have been in the country for 3 or more years on the date of your naturalisation application;
You currently have ILR.

There is no requirement to have ILR for 12 or more months if you are applying for naturalisation based on being married to a British citizen.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

ppron747
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Post by ppron747 » Wed Jun 21, 2006 8:27 pm

Dawie is absolutely correct - there have been posts here in the past suggesting that time here as a student didn't count in some way, but this was wrong. So long as you were in UK (legally) on a day three years before you apply for naturalisation, and your stay since that day has been legal (and you don't exceed the absences laid down in the Act) you meet the requirements for naturalisation.

Don't forget the Life in UK test, though....
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

olisun
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Joined: Mon Oct 14, 2002 2:01 am

Re: Naturalisation & Student Visa Time

Post by olisun » Wed Jun 21, 2006 9:13 pm

menomenee wrote:(noting that my ILR was only granted last week?)
I don't know whether you noticed this and also is the spouse of the OP a british citizen?

ppron747
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Post by ppron747 » Wed Jun 21, 2006 9:24 pm

Oops - I saw that Dawie said "you are married to a British citizen" and didn't read OP properly!

menomenee: Are you married to a British citizen? If so, Dawie's and my advice is correct. If not, then you need to have ILR for 12 months.and you need to have been in UK for FIVE years, not three...[/u]
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

menomenee
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Post by menomenee » Wed Jun 21, 2006 10:13 pm

yes I am married to a british citizen.

how long does the naturalisation process take?

menomenee
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Post by menomenee » Wed Jun 21, 2006 10:14 pm

also what does anyone know about not submitting my passport when i submit my application

ppron747
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Location: used to be London

Post by ppron747 » Wed Jun 21, 2006 10:23 pm

Both of your questions are answered in this thread
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

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