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Hello,

I am originally from the USA and have been living in the UK for over 5 years on a Tier 4 student visa. I completed my undergraduate from sept 2010- july 2014 (visa from sept-end of oct) and my post grad from jan 2015- jan 2016 currently (visa jan 2015 - june 2016). I have had flats/residency the entire time. I would like to apply for citizenship, which I thought I was eligible for since i have lived here for over 5 years, but it seems I dont because I do not have ILR. Is there any way I can continue with my application, as they said there was some discretion. Or any suggestions on what to do. I have a life here and would like to remain in the UK.

any help or suggestions would be greatly appreciated as I am meeting with the nationality checking service next week.

Hi

As far as I am aware that you are required to have ILR (Non-EU) and permanent residency (EU) to be able to apply for naturalisation. This is the case even if the spouse is British. There are experts who may be able to throw more light on this. Seeing Nationality Checking service is pointless. Please see the AN: guidance notes for requirements

Fay

FeyEng is right meeting NCS people is useless.

sec1992 wrote:Hello,

I am originally from the USA and have been living in the UK for over 5 years on a Tier 4 student visa. I completed my undergraduate from sept 2010- july 2014 (visa from sept-end of oct) and my post grad from jan 2015- jan 2016 currently (visa jan 2015 - june 2016). I have had flats/residency the entire time. I would like to apply for citizenship, which I thought I was eligible for since i have lived here for over 5 years, but it seems I dont because I do not have ILR. Is there any way I can continue with my application, as they said there was some discretion. Or any suggestions on what to do. I have a life here and would like to remain in the UK.

any help or suggestions would be greatly appreciated as I am meeting with the nationality checking service next week.

You cannot apply for citizenship if you do not hold ILR (UK rules) or PR (EEA rules). The visa that you are on also does not lead to ILR. You will have to find another visa you qualify for that does lead to ILR.

If you continue and apply for citizenship, it will be refused and you will lose your fee. The rules are clear, an applicant must be free from immigration control (aka ILR / PR).