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applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 3:29 am
by bluebird12
Hi , I want to apply for ILR on spouse 5 years route ( being married to a British citizen ) at same day premium service 26 days remaining to complete required 5 years on spouse LTR period , if ILR is approved on same day , do I have to wait further 26 days in order to complete 5 years on spouse route and after passing 26 days than I can apply for Naturalisation OR can I apply naturalisation next day after receiving BRP ILR card and I do not have to wait further 26 days ? The reason to ask this question is that I have travelled abroad and I want to meet the 3 years back residency requirements of being physically present in the Uk ? Could somebody please clarify this point ? Many thanks for help
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 10:16 am
by Hstepper07
bluebird12 wrote: ↑Wed Sep 06, 2017 3:29 am
Hi , I want to apply for ILR on spouse 5 years route ( being married to a British citizen ) at same day premium service 26 days remaining to complete required 5 years on spouse LTR period , if ILR is approved on same day , do I have to wait further 26 days in order to complete 5 years on spouse route and after passing 26 days than I can apply for Naturalisation OR can I apply naturalisation next day after receiving BRP ILR card and I do not have to wait further 26 days ? The reason to ask this question is that I have travelled abroad and I want to meet the 3 years back residency requirements of being physically present in the Uk ? Could somebody please clarify this point ? Many thanks for help
You have to wait 1 year after you receive your Indefinite leave to remain irrespective of when you receive it to apply for naturalisation. You also have to be physically present in the UK 1yr plus 1 day prior to your naturalisation application
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 10:25 am
by CR001
Hstepper07 wrote: ↑Wed Sep 06, 2017 10:16 am
You have to wait 1 year after you receive your Indefinite leave to remain irrespective of when you receive it to apply for naturalisation. You also have to be physically present in the UK 1yr plus 1 day prior to your naturalisation application
All incorrect advice. Please refrain from posting if you are not sure of the rules.
There is no requirement to be physically present in the UK 1 year plus 1 day prior to date of application for Citizenship.
There is also no need to wait 1 year with ILR when married to a British citizen.
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 10:26 am
by CR001
bluebird12 wrote: ↑Wed Sep 06, 2017 3:29 am
Hi , I want to apply for ILR on spouse 5 years route ( being married to a British citizen ) at same day premium service 26 days remaining to complete required 5 years on spouse LTR period , if ILR is approved on same day , do I have to wait further 26 days in order to complete 5 years on spouse route and after passing 26 days than I can apply for Naturalisation OR can I apply naturalisation next day after receiving BRP ILR card and I do not have to wait further 26 days ? The reason to ask this question is that I have travelled abroad and I want to meet the 3 years back residency requirements of being physically present in the Uk ? Could somebody please clarify this point ? Many thanks for help
You can apply for citizenship as soon as you get your ILR BRP provided you meet all the requirements of 3 years residence spouse of BC application, including being physically present in the UK at the start of the 3 year qualifying period which corresponds with your date of citizenship application.
There is no need to 'wait 26 days'. Spouse of BC citizenship application is based on 3 years residence.
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 10:43 am
by Hstepper07
CR001 wrote: ↑Wed Sep 06, 2017 10:25 am
Hstepper07 wrote: ↑Wed Sep 06, 2017 10:16 am
You have to wait 1 year after you receive your Indefinite leave to remain irrespective of when you receive it to apply for naturalisation. You also have to be physically present in the UK 1yr plus 1 day prior to your naturalisation application
All incorrect advice. Please refrain from posting if you are not sure of the rules.
There is no requirement to be physically present in the UK 1 year plus 1 day prior to date of application for Citizenship.
There is also no need to wait 1 year with ILR when married to a British citizen.
Missed the British citizen part. Was focusing on the 26 days which I knew was irrelevant. Apologies. Was meant to say physically present 3yr prior to apolication in this case. Definitely incorrect advise. My bad
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 1:05 pm
by bluebird12
Many thanks for your helpful reply CR001 , I got another question that I want to apply Naturalisation through NCS but the problem is that I entered the Uk Illegally initially and afterward I regularise my stay in Uk , Does the NCS take also cases of illegal entrant applicants or they will refuse to take it being not straight forward case ? Or I have to send myself to UKVI , however I do know it will be gonna most likely refuse due to being illegal entrant , not meeting last 10 years legal stay requirements but I want to still try to apply it ,
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Wed Sep 06, 2017 1:24 pm
by CR001
You will fail the good character requirement if you have not got at least 10 years of legal stay. You lose your application fee if you are refused. But is is your money to throw away @ £1282 just for the citizenship HO fee.
You were already told this in your previous topic where you asked the same question. Nothing has changed in regards to the advice you have already been given in May this year and that you will likely not qualify for citizenship before 2022.
british-citizenship/naturalisation-good ... l#p1481306
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Thu Sep 07, 2017 2:26 am
by bluebird12
Many thanks for your reply CR001 indeed , the question I wanted to ask in my previous post is that am I eligible to apply naturalisation through NCS or not ...being my case not straight forward ? Does the NCS Councils also take this type of cases from applicants to send UKVI ? Many thanks for your valuable help indeed
Re: applying ILR 28 days before completion of 5 years period and qualifying residency requirements?
Posted: Thu Sep 07, 2017 9:08 am
by CR001
NCS is only an agent. They are not HO employees and anyone can use them.
