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Hi can any one please help? I was an over stayer I was eventually given two grants of discretionary leave totalling to six years based on article 8 right to family life. I have been married for 15 years this June. I have applied for my ILR in March this year. What I would like to know is what is the criteria for getting citizenship? as I had the 6 years limited leave( discretionary) does that count as the five years residency period? once I receive my ILR when would I be able to apply for my citizenship ?Is the six years counted and how long would I have wait do I have to do another 5 years or could I do it straight away as I am married to a BC as my leave was granted outside the immigration rules.
Thanks

happytrish40 wrote:Hi can any one please help? I was an over stayer I was eventually given two grants of discretionary leave totalling to six years based on article 8 right to family life. I have been married for 15 years this June. I have applied for my ILR in March this year. What I would like to know is what is the criteria for getting citizenship? as I had the 6 years limited leave( discretionary) does that count as the five years residency period? once I receive my ILR when would I be able to apply for my citizenship ?Is the six years counted and how long would I have wait do I have to do another 5 years or could I do it straight away as I am married to a BC as my leave was granted outside the immigration rules.
Thanks

Any leave to remain counts so far as it is legal. As you're married to a bc then you only have to satisfy 3 years residency in the UK. So far as you meet this and the other criteria you can apply for citizenship as soon as you have ILR.

As you are married to a BC, it is probable that as soon as you have your ILR you will be able to apply for Naturalisation.

Ensure that when you apply, you were physically in the UK exactly three years before UKBA will receive your Naturalisation application. Also ensure that the other usual tests are passed.

This board is a life saver as well as financial one, Thank you for your quick reply. It is very much appreciated. I will keep you informed of my timelines also. I have already passed my life in the uk test

This is from my last question, are you saying to me that even as an over stayer I am still able to get my naturalisation based on the fact the I am still married to my husband, and the 6 yrs discretionary leave entitles me to apply the day after I get my indefinite leave
If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period. If you were in the UK as a diplomat or as a member of visiting armed forces, or if you were in any place of detention, you are considered to have been exempt from immigration control during that time. This time is treated as absence from the UK when we assess your application.
This is why I am asking the question

happytrish40 wrote:This is from my last question, are you saying to me that even as an over stayer I am still able to get my naturalisation based on the fact the I am still married to my husband, and the 6 yrs discretionary leave entitles me to apply the day after I get my indefinite leave
If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period. If you were in the UK as a diplomat or as a member of visiting armed forces, or if you were in any place of detention, you are considered to have been exempt from immigration control during that time. This time is treated as absence from the UK when we assess your application.
This is why I am asking the question

You were an overstayer before your DLR. You had discretionary leave to remain for 6 years before your ILR, you are eligible to apply straight away providing you meet the requirements as discussed above.

thank you so much for your speedy reply