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Applying for citizenship/naturalisation - options

Posted: Sat Feb 20, 2010 2:27 pm
by dajumper
Hi guys

1) Firstly, is citizenship and naturalisation the same thing?

2) When can i apply for my citizenship? I am currently on a 5 year HSMP visa, though coming to the end of the 4th year. As I applied for HSMP prior to Apr06, i know i can apply for ILR at the end of 4 years. What i gathered form the forum is that you can apply for citizenship 12 months after being on the ILR. However, i have read on the ukba website that you can apply for citizenship after 5 year of living in the uk. Hence, i'm wondering if i can stay on the HSMP for 5 years and then apply directly for citizenship at the end of that, that way i do not have to apply for ILR? would it be possible?

The above questions may have probably been posted numerous times before so if someone could please send me the link or assist, i would be so grateful.

Many thanks

Re: Applying for citizenship/naturalisation - options

Posted: Sat Feb 20, 2010 2:35 pm
by djb123
1) Naturalisation is the process to obtain citizenship.

2) You can't apply for citizenship unless you have ILR. Also unless you are married to a british citizen you need to have been living in the UK for at least 5 years and had ILR for at least a year.

Posted: Sat Feb 20, 2010 2:48 pm
by dajumper
Thanks djb123

That's what i thought as well (need to have ilr before applying to become BC). But just wasn't clear when the ukba website states that you have to have lived for 5 years in the uk, however, it does not specify under what sort of visa/category.

Posted: Sat Feb 20, 2010 3:09 pm
by djb123
dajumper wrote:Thanks djb123

That's what i thought as well (need to have ilr before applying to become BC). But just wasn't clear when the ukba website states that you have to have lived for 5 years in the uk, however, it does not specify under what sort of visa/category.
I don't think it matters what visa(s) you had so long as you have got ILR.

Posted: Sat Feb 20, 2010 5:47 pm
by global gypsy

Posted: Sat Feb 20, 2010 6:13 pm
by dajumper
Thanks global gypsy.

i must have missed the below crucial excerpt:

"Evidence that you are free from immigration time restrictions
You should provide:

â– your passport showing permission to remain in the United Kingdom permanently; or
â– the Home Office letter by which you were given permission to remain in the United Kingdom permanently."

Thus, djb123 is correct to say that is is imperative to have ILR to progress for citizenship. Cheers all again.

Posted: Sat Feb 20, 2010 6:23 pm
by dajumper
Why does this webiste say 6 years?

http://www.workpermit.com/uk/naturalisation.htm

Posted: Sat Feb 20, 2010 8:55 pm
by global gypsy
That's because now it takes 5 years to get ILR, then another 1 year for citizenship.
You stated you fall under HSMP JR category - you save 1 year because of that.

Posted: Sat Feb 20, 2010 9:11 pm
by dajumper
Ok, that makes sense!

Cheers

ILR

Posted: Sun Feb 21, 2010 7:19 pm
by Saf
Dear All,

I got HSMP approval letter in May 2006 and passport was stamped on Aug 2006. I have two questions:

1- My time period towards ILR starts from May 2006 - May 2010 or Aug 2006 - Aug 2010?

2- When the new rules for probationary citizenship will be implemented? When I apply for ILR, would I fall in ILR rules or probationary citizenship rules which state that you will get citizenship after 2 years.

I would really appreciate your help.

Thanks

Posted: Sun Feb 21, 2010 8:22 pm
by dajumper
1) i would have thought it would be the anniversary of the date of your visa stamp. Your other problem is ascertaining time on hmsp as i'm not sure whether you can apply for ILR after 4 years, since your date of stamp was after 3 April 06. It may be 5 years?

Posted: Sun Feb 21, 2010 8:33 pm
by Saf
Hi

Thank you for your reply.

As my HSMP application was approved after 3 April 06, I have to complete 5 years before applying for ILR.

Can anyone help on new probationary citizenship rules? How they can affect me?

Posted: Sun Feb 21, 2010 8:38 pm
by f2k
Saf wrote:Hi

Thank you for your reply.

As my HSMP application was approved after 3 April 06, I have to complete 5 years before applying for ILR.

Can anyone help on new probationary citizenship rules? How they can affect me?
Its not about the date of approval but the date you applied. so if you applied before 3 April 2006 then you will be eligible to apply under the 4 year requirement

Posted: Sun Feb 21, 2010 8:43 pm
by Saf
Hi

Thank you for your reply.

I phoned Home office and they confirmed that they received my application on 13 April 2006 and I do not fall under 4 years rules.

Could anyone put some light on new probationary citizenship rules?

Thanks

Posted: Sun Feb 21, 2010 9:00 pm
by raymasa2
Saf wrote:Hi

Thank you for your reply.

I phoned Home office and they confirmed that they received my application on 13 April 2006 and I do not fall under 4 years rules.

Could anyone put some light on new probationary citizenship rules?

Thanks
Probationary citizenship rules are likely to come into affect in Summer 2011 (around July - http://www.bia.homeoffice.gov.uk/managi ... tizenship/).

If you have ILR before that, you wont be affected by it, if you apply for citizenship within 2 years (if I remember correctly) of getting ILR. In that case, your citizenship application should be processed with current regulations, not new ones. So you would want to get ILR as soon as you are able to.

More information on the topic:

http://www.bia.homeoffice.gov.uk/managi ... l-it-work/

Posted: Sun Feb 21, 2010 11:51 pm
by dajumper
Thanks f2k for the correction.

Yes, it should be "approval" letter date prior to 3 April 06 and not the "stamp" date in relations to the 4 years.

However, but application of the ILR will be based on the 4th or 5th anniversary of the "stamp" date.

Cheers.

ILR to Citizenship

Posted: Tue Feb 23, 2010 6:03 am
by SANSAB
Will be thankful if some one can throw a light:
Received ILR in May 2009 after 4 years under HSMP JR without Life in UK Test and will be completing 1 yr after ILR in May 2010
Wants to apply for B Citizenship

1. Can I apply after 5 years for BC
2. Do I need to sit in Life in UK test, if so, do my spouse have to appear as well
3. Which form to fill for BC and the link

Any help will be much appreciated

Regards
Sam

Re: ILR to Citizenship

Posted: Tue Jan 01, 2013 7:40 am
by Akky2000us
SANSAB wrote:Will be thankful if some one can throw a light:
Received ILR in May 2009 after 4 years under HSMP JR without Life in UK Test and will be completing 1 yr after ILR in May 2010
Wants to apply for B Citizenship

1. Can I apply after 5 years for BC
2. Do I need to sit in Life in UK test, if so, do my spouse have to appear as well
3. Which form to fill for BC and the link

Any help will be much appreciated

Regards
Sam


Hi everyone,
1. Am a spouse of EEA National for 5 and half yrs
2. Exersice the treaty right , both in employment for 5 and half years
3. For my Permanent Resident in October


My question is :

Can I apply for Naturalisation this month ( less than 6 yrs and my Permanent Resident less than a yr. as a spouse of EEA National cos my lawyer told me its possible that I don't need to wait any longer .

Just want to double check

Your reply and advice will be appreciated.

Thanks.

Posted: Tue Jan 01, 2013 8:55 am
by Jambo
Akky2000us wrote:
SANSAB wrote:Will be thankful if some one can throw a light:
Received ILR in May 2009 after 4 years under HSMP JR without Life in UK Test and will be completing 1 yr after ILR in May 2010
Wants to apply for B Citizenship

1. Can I apply after 5 years for BC
2. Do I need to sit in Life in UK test, if so, do my spouse have to appear as well
3. Which form to fill for BC and the link

Any help will be much appreciated

Regards
Sam


Hi everyone,
1. Am a spouse of EEA National for 5 and half yrs
2. Exersice the treaty right , both in employment for 5 and half years
3. For my Permanent Resident in October


My question is :

Can I apply for Naturalisation this month ( less than 6 yrs and my Permanent Resident less than a yr. as a spouse of EEA National cos my lawyer told me its possible that I don't need to wait any longer .

Just want to double check

Your reply and advice will be appreciated.

Thanks.
It's not you that exercise treaty right but the EEA national. You need to complete 6 years of residence.

See Q5 in Citizenship FAQs - Common Questions - Read before posting.

Posted: Wed Jan 02, 2013 5:59 am
by Akky2000us
Jambo wrote:
Akky2000us wrote:
SANSAB wrote:Will be thankful if some one can throw a light:
Received ILR in May 2009 after 4 years under HSMP JR without Life in UK Test and will be completing 1 yr after ILR in May 2010
Wants to apply for B Citizenship

1. Can I apply after 5 years for BC
2. Do I need to sit in Life in UK test, if so, do my spouse have to appear as well
3. Which form to fill for BC and the link

Any help will be much appreciated

Regards






Thank you jumbo,
I have been in this country for more than 6 yrs but only married EEA National for five and half yrs.

Does option 1 cover me?
Sam


Hi everyone,
1. Am a spouse of EEA National for 5 and half yrs
2. Exersice the treaty right , both in employment for 5 and half years
3. For my Permanent Resident in October


My question is :

Can I apply for Naturalisation this month ( less than 6 yrs and my Permanent Resident less than a yr. as a spouse of EEA National cos my lawyer told me its possible that I don't need to wait any longer .

Just want to double check

Your reply and advice will be appreciated.

Thanks.
It's not you that exercise treaty right but the EEA national. You need to complete 6 years of residence.

See Q5 in Citizenship FAQs - Common Questions - Read before posting.
hi Jambo,
Does option 1 cover me cos I have being in this country more than 6 yrs but only married my spouse(EEA) only 5 and half yrs.
Already got my Permanent Residence last Oct.

Thanks
Akky2000us

Thank you

Posted: Wed Jan 02, 2013 7:23 am
by Jambo
As Q5 in the FAAq states you have two options:

1. Apply after 6 years under the EEA regulations which for you started once you got married (assuming you we're living in the UK) so applying after your 6th anniversary. You will need to provide the treaty rights evidence again as you did for EEA4.

2. Apply in October without the need to show the evidence again. The PR sticker is enough.