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Naturalisation: ILR on JR
Posted: Sun Jan 31, 2010 6:32 pm
by Deanoboy
Hi there,
I'm about to apply for my ILR on the JR terms, can anyone assist with regards to when i can apply for naturalisation?
Can i apply from the date i first could have applied for and got ILR (e.g. Nov 2009), or the date it was actually approved (sometime in Feb '10 - all being well!)?
Many thanks,
Deano
Posted: Sun Jan 31, 2010 10:03 pm
by John
You can apply for Naturisation when you have held your ILR for at least one year, unless you are now married to a British Citizen, in which case you can probably apply for Naturalisation as soon as you have your ILR.
Posted: Mon Feb 01, 2010 8:12 am
by Spartac
Hi Deanboy,
You can apply as soon as you get your ILR. Just make sure you get a letter from the PEO which backdates your ILR to the date it should have originally been issued under the old terms i.e. at the end of your 4 years in the UK.
Regards - Spartac
Posted: Mon Feb 01, 2010 12:11 pm
by Deanoboy
Thank you John and Spartac. I am actually marrying a British Citizen in April this year, but had not thought to apply for naturalisation through that avenue as I thought to apply in that way i had to have been given leave to remains as their partner for the last 3 years.
So is it the casehen that, provided I meet all the other criteria and residential requirements, I can apply for ILR under the HSMP and then immediately for Naturalisation through marriage?
I've looked at the guidance, and i think i can do that - however I need to ask to be sure (as is the case when it seems too good to be true!).
Many thanks.
Posted: Mon Feb 01, 2010 12:18 pm
by OFCHARITY
Yes, provided your ILR application is successful, once you are married to the British citizen, you can then apply for Naturalisation based on marriage to a BC. Otherwise you can apply in November 2009, whichever route you take make sure you apply on a date on which you were physically in the UK exactly 3 years before (married to BC) or exactly 5 years before otherwise.
Posted: Tue Feb 09, 2010 12:49 pm
by Deanoboy
Thanks to all for your help.
Do I actually have to be in the UK to submit my Naturalisation application? I've checked guidance, and it is silent on this aspect.
I was hoping to lodge the application via post once we are married, as we are going on an extended honeymoon and I don't want to exceed the "out of country" time requirements.
If I do have to be in the UK, can I lodge this from somewhere other than my home town? (We might be doing some traveling in the UK - hence all the questions!)
Many thanks.
Posted: Tue Feb 09, 2010 1:26 pm
by John
You need to be physically in the UK when your Naturalisation application is submitted.
If you are thinking of applying using NCS .... recommended .... you can use any NCS office in the country. It does not need to be one near your home address.
Do appreciate that once the "application successful" is issued, you only have 90 days to attend a Citizenship Ceremony.