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citizenship/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

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D
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citizenship/naturalisation

Post by D » Thu Apr 14, 2011 11:12 am

Hi, I need some advice. When can my partner (unmarried) apply for Citizenship/Naturalisation?

We are confused about whether we can apply now or only in September 2012.

September 2005 - September 2007 - enter (and then stay in) the UK on a Working Holidaymaker Visa.
September 2007-September 2009 - Apply for and stay in the UK on the FLR (unmarried partner/spousal visa)
September 2009 - apply for ILR (Set M) on the basis of relationship: spousal/unmarried partner.

We have only been out of the country for 3 months total since September 2005: August 2006, April 2008, August 2010.

We have spent less than 270 days out of the country since September 2005.
We have been in the country for Five years 8 Months.
We are not married.
All visas except for the Working Holiday were granted on the basis of our relationship.
All the language/life in the UK tests were completed in 2009.

Do the 2 years spent on Working Holiday count towards the 5 years residential requirement for citizenship?

Many thanks.
We want to apply sooner before the rules change again and the price increases but we don't want to loose our money on an application that is unlikely to be granted.

ferrarilondon
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Post by ferrarilondon » Thu Apr 14, 2011 11:30 am

Please confirm your nationality

D
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Post by D » Thu Apr 14, 2011 11:53 am

I don't understand why that would matter??
Is it important?


But British, partner is Zimbabwean.

geriatrix
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Re: citizenship/naturalisation

Post by geriatrix » Thu Apr 14, 2011 1:30 pm

D wrote:Do the 2 years spent on Working Holiday count towards the 5 years residential requirement for citizenship?
Yes.

From the information given it appears that the applicant can apply in September 2010 (not on basis of relationship with British citizen, but on basis of 5 years legal stay in the UK).
Life isn't fair, but you can be!

ukpl
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Post by ukpl » Thu Apr 14, 2011 1:32 pm

D wrote:I don't understand why that would matter??
Is it important?


But British, partner is Zimbabwean.
it does matter because on the basis of being in civil partnership with British citizen the residency requirement is only 3 years (instead of 5)
but it is irrelevant in your partner case as explained above by sushdmehta
Last edited by ukpl on Thu Apr 14, 2011 1:35 pm, edited 2 times in total.

ferrarilondon
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Post by ferrarilondon » Thu Apr 14, 2011 1:34 pm

Common sense is to always disclose your nationality in any Immigration related questions , as rules are different for EU nationals or British national's spouse. So YES IS IS IMPORTANT. Check following UK BA link



http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 1:41 pm

ferrarilondon, the OP has clearly stated in his opening post that OP and his/her partner are "unmarried partners". So requirements for spouses / civil partners do not apply. Also, grant of ILR indicates that the case is not one where EEA regulations are/were in play.
Life isn't fair, but you can be!

D
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Post by D » Thu Apr 14, 2011 2:37 pm

thank you for your responses, I understand that Nationality will play a part, I just didn't understand the question at the time.

Thanks again, and we now will look at starting the ball rolling, filling out the form (on the basis of 5 years legal residence) and finding referees etc.

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 2:45 pm

D wrote:I understand that Nationality will play a part, I just didn't understand the question at the time.
In your case nationality does play a part ... as you and your partner are not married / civil partners.

Your partner's eligibility to naturalisation will be based on her own merit / right (only) ... and not because of being in a relationship with you .... unless you two are married / civil partners.
Life isn't fair, but you can be!

vinny
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Post by vinny » Thu Apr 14, 2011 2:46 pm

There are no special preferences for EEA nationals. The standard requirements are also applicable to EEA nationals who are not the spouse/civil partner of a British citizen.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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