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Residential Requiremtn - bit confused - plz help
Posted: Sat Oct 08, 2011 1:45 pm
by dealsets
Hi, I came to UK as student in 2003 and lived here for most of time, I've been going on holidays to back home for no longer than 30 days in a year.
In 2008 I formed civil partnership and received my ILR on March 2011, for some reason we broke up and or civil partnership completely broke down in Aug 2011.
Now I am single and living here on ILR - my questions is when can I apply for naturalization (citizenship) I was reading online that I need to be resident here for last 5 years, as I've been living here since 2003, but as as student untill 2008, does this count in my residency period as all in total I've been living here for 8 years, (5 yrs on student and nearly 2.5 years on on Civil Parnership) but now I am out of civil partnership.
Please help me with this.
plz help
Posted: Sat Oct 08, 2011 2:01 pm
by dealsets
plz helppp
Posted: Sat Oct 08, 2011 2:23 pm
by geriatrix
15 minutes since your opening post, and you are already impatient!
dealsets wrote:I've been living here since 2003, but as as student untill 2008, does this count in my residency period
Yes.
SORRY
Posted: Sat Oct 08, 2011 2:38 pm
by dealsets
Sorry for beig impatient, I am new to these forums that is why probably.
Can I ask you another question?
I've received my ILR in March 2011, do you think I can apply now or do I need to wait for 12 months before I can apply?
Thanks
Posted: Sat Oct 08, 2011 2:55 pm
by JulesN19
If your civil partnership has been dissolved, then you are no longer the spouse or civil partner of a British citizen and must apply under s. 6(1) British Nationality Act 1981 rather than s. 6(2).
As an applicant who applies under s. 6(1), you will be required to have had ILR for at least a year before you apply. Therefore, you should wait at least until the first anniversary of the date on which the Home Office gave you ILR.
You should also make sure that when you apply, you were in the UK and not on holiday exactly five years earlier. The qualifying period begins exactly five years before the date on which your application reaches the Home Office and you must have been in the UK at the beginning of the qualifying period.
I strongly suggest that you read
the Home Office's standard requirements for naturalisation.
many many thanks
Posted: Sat Oct 08, 2011 2:59 pm
by dealsets
Thanks a lot for your advice, I was not very sure that my student status from 2003 to 2008 will count in residential period or not.
Regards
Re: many many thanks
Posted: Sat Oct 08, 2011 3:04 pm
by JulesN19
dealsets wrote:Thanks a lot for your advice, I was not very sure that my student status from 2003 to 2008 will count in residential period or not.
Regards
The time when you were a student can count toward the residential period, provided that you have not breached the immigration rules during the five-year period ending with the date of your application.
However, an applicant under s. 6(1) also needs to have indefinite leave (or equivalent status, such as permanent residence under the EEA rules or a Common Travel Area entitlement) for at least one year before applying.