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help with time for ILR/citizenship

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lemoncwb
Newly Registered
Posts: 6
Joined: Fri Feb 01, 2008 2:41 pm
Location: UK

help with time for ILR/citizenship

Post by lemoncwb » Fri Feb 01, 2008 2:57 pm

hi people... i've read this forum before and think the job you guys do is amazing. my turn now to join and get some valuable advice.

my situation is as follows:

entered the country in 06 oct 2004, on a visitors visa (6 months)

switched on to student visa, issued in 23 May 2005
(the gap between visitor/student was due to HO holding my passport, i applied before the visitor visa expired, of course, otherwise they wouldn't issue the student visa)
student visa expiry date: 31 oct 2006

got married in august 2006, and got spouse visa issued in 23 oct 2006
this current visa will expire in 19 oct 2008

my questions are: can i count the time i was on the student visa towards ILR? if yes, when would be the earliest i can apply for the ILR?
if not, i'm aware the earliest would be 19 oct 2008 minus 28 days

and what about citizenship? will the student visa count towards that?

it is worth mentioning that i left the country only once, for two weeks, in sep 2005 (i know this information is important for the citzenship).

your responses are very much appreciated. i'm just trying to be ahead of the game and not leave things for the last minute...

thank you all in advance

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Feb 01, 2008 3:29 pm

Time on student and visitor visa counts towards BC, nothing counts towards ILR other than the two years FLR.
An chéad stad eile Stáisiún Uí Chonghaile....

lemoncwb
Newly Registered
Posts: 6
Joined: Fri Feb 01, 2008 2:41 pm
Location: UK

Post by lemoncwb » Sat Feb 02, 2008 2:39 pm

thank you for your reply, but it raised another question.... can i apply for citizenship straight away then, considering i'm married to a British citizen and have been in the UK longer than the three years qualifying period? if yes, when can i apply?
or do i have to apply for the ILR first and then citizenship?
have the three years qualifying period to be within the marriage?

thank you again for your help.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Sat Feb 02, 2008 3:31 pm

lemoncwb wrote:thank you for your reply, but it raised another question.... can i apply for citizenship straight away then, considering i'm married to a British citizen and have been in the UK longer than the three years qualifying period? if yes, when can i apply?
or do i have to apply for the ILR first and then citizenship?
have the three years qualifying period to be within the marriage?

thank you again for your help.
Your timeline is;

1. apply for ILR as a spouse of a British Citizen, I'm not sure if it should be 23rd Oct 2008 less 28 days, or 19 Oct 2008 less 28 days, but it is around those dates, anyway.

2. As soon as you obtain ILR, you can apply for naturalisation. The requirement for this is that you have been resident in the UK for three years before you submit your application, and that you must be married to a British Citizen. Time on a student visa...in fact any valid visa...counts for the 3 year period, so you can apply immediately.

Note that you must obtain ILR before applying for naturalisation...it might seem like a waste of money seeing as you might only have it for a short time until your naturalisation is granted, but it is a requirement you cannot forgo.

lemoncwb
Newly Registered
Posts: 6
Joined: Fri Feb 01, 2008 2:41 pm
Location: UK

Post by lemoncwb » Sat Feb 02, 2008 4:07 pm

thanx again for the prompt reply. i was sort of guessing that this would be the answer, but wasn't 100% sure.

keep up with the good work you all...

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