Start date to count Indefinite leave to remain

[happytobebritish]

Can I start my 5 year date for UK citizenship from the time I was in the UK on a family visit visa which was 6 months before my spousal visa was granted?

I will not have been out of the UK for more than 450 days over the 5 year period starting from the entry date on my visit visa in March this year by the time my 5 year period is up.

IE: I was physically in the UK on March 16th 2015 for 1 month family visit but my spousal visa was only granted on the 16th September 2015 and I entered on 3rd October 2015.

If that is the case then I will be able to send in my application 28 days before March 16th 2020 IE: Feb 16th 2020.

I have a number of friends who are in a similar position.

It is not very clear on the .gov site.

Thanks.

[vinny]

Your start date under 2(a) may be on 15 March 2010 as you were physically present in the UK on that date. However, the start date of your qualifying period is calculated by when the Home Office receives your application. If, when they receive your application, you were not physically present in the UK on your start date, then they may refuse.

You cannot post the application such that you were not in the UK on your start date.

[TheMouseReturns]

It's probably a bit early to be relying on rules as they currently exist. It's quite possible that by 2020 they may have changed.

In any case, under current rules you need to get through the renewal of the spouse visa, and obtain ILR before any naturalisation application.

[cool mind]

Can an ILR holder apply for naturalization exactly the same date of next year since he was granted ILR or can apply next day.

[secret.simon]

Can an ILR holder apply for naturalization exactly the same date of next year since he was granted ILR

Yes. The application can either be submitted via NCS or be posted on the first anniversary of getting ILR/PR (assuming that the applicant is not married to a British citizen). The Home Office will only get the application form the next day at the earliest anyway.

[cool mind]

Can an ILR holder apply for naturalization exactly the same date of next year since he was granted ILR

Yes. The application can either be submitted via NCS or be posted on the first anniversary of getting ILR/PR (assuming that the applicant is not married to a British citizen). The Home Office will only get the application form the next day at the earliest anyway.

Thanks for reply. Isn't the date of posting is the date of application, I read somewhere for pbs application and does that apply to naturalization application too.

[secret.simon]

Isn't the date of posting is the date of application

If from within the UK, yes. You can apply on the first anniversary of your ILR/PR and so, the earliest you can post the application is that date. Hence the earliest the Home Office will receive the application is the first working day after.

[CR001]

Thanks for reply. Isn't the date of posting is the date of application, I read somewhere for pbs application and does that apply to naturalization application too.

No, the date of application for citizenship applications is the date that HO receives it '+1 NOT the date of sending it by post or through NCS.

Citizenship has different rules than immigration applications.

[fielddrive]

CR001 is correct. Unlike leave to remain, citizenship applications are dated on the day received by the HO