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Can I apply for Naturalisation in my own rights?
Posted: Mon Nov 29, 2010 1:12 pm
by rdarick
Hi I wonder if someone could help me please? I have been in the UK since 2004, I have a ILR on my passport, I am a non EU national, this is my record
2004 Entered the UK as a student (spent 30 days in my home country)
2005 Entered again with a new Student visa
2006 Left the Uk In November (spent 60 days in my home country)
2007 Entered the UK as an unmarried partner
2009 March received my ILR and have not left since
My girld friend and I are not planning to get married yet but we live together, can I apply on my own rights under the 5 years living in the UK, even if I had different entry clearances?
Thank you for your help.
Posted: Mon Nov 29, 2010 2:06 pm
by geriatrix
Your may be eligible to
apply for
naturalisation as and when
standard requirements are met.
regards
Thank you
Posted: Mon Nov 29, 2010 2:17 pm
by rdarick
Thank you but I do not understand what the "residential qualifying period" is
"been resident in the UK for at least five years (this is known as the residential qualifying period); and"
Posted: Mon Nov 29, 2010 5:59 pm
by geriatrix
Posted: Tue Nov 30, 2010 2:12 pm
by rdarick
Thank you very much for your help, however this Anexe does not speak about Students, Paragraph 9 refers to "aplicants physically present in the UK should be counted as residence", am I right to think that my time as a student could be counted for the application?
Technical absences
9.1 Normally, all the time that applicants are physically present in the UK should be counted as residence. However, paragraph 9 of Schedule 1 to BNA 1981 provides that applicants are regarded as absent from the UK (although physically present here) at any time when they are exempt from immigration control under s.8(3) (diplomats) or s.8(4) (members of home, Commonwealth or visiting forces) of the Immigration Act 1971, as amended by s.4 of the Immigration Act 1988). The 1988 Act removed the exemption from control of locally engaged non-diplomatic members of missions (see below). Persons exempt from immigration control under s.8(2) of the Immigration Act 1971 (Consular staff and certain employees of international organisations) are not regarded as being technically absent from the United Kingdom whilst so exempt.
Posted: Tue Nov 30, 2010 2:22 pm
by geriatrix
rdarick wrote: am I right to think that my time as a student could be counted for the application?
Yes.
regards