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Nationality enquires

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Silence67
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Joined: Tue May 16, 2023 9:55 pm
Pakistan

Nationality enquires

Post by Silence67 » Tue May 16, 2023 10:04 pm

Hi everyone
Last year in June 2022 I got my long residence ilr based on my stay from 2006 till 2016.from March 2016 till January 2022 I was not in uk.i cameback to uk in January 2022.i want to know when I can apply for nationality can I apply for nationality in ,June 2023 or I have to wait because I was not present in uk 5 years ago.can I make my application on discretion as I previously stayed in uk for 10 years.

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alterhase58
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Location: UK Bucks
Germany

Re: Nationality enquires

Post by alterhase58 » Tue May 16, 2023 10:21 pm

Silence67 wrote:
Tue May 16, 2023 10:04 pm
Hi everyone
Last year in June 2022 I got my long residence ilr based on my stay from 2006 till 2016.from March 2016 till January 2022 I was not in uk.i cameback to uk in January 2022.i want to know when I can apply for nationality can I apply for nationality in ,June 2023 or I have to wait because I was not present in uk 5 years ago.can I make my application on discretion as I previously stayed in uk for 10 years.
If you were out of country for six years your ILR would have lapsed - did you get a returning resident visa??
For naturalisation your 10 years residency is not relevant. If you are not spouse of a British citizen it's five years back from the naturalisation application date. Have you reviewed the AN guidance? https://www.gov.uk/government/publicati ... n-guidance
There's no discretion on choosing a different residency period.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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CR001
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Re: Nationality enquires

Post by CR001 » Wed May 17, 2023 7:35 am

alterhase58 wrote:
Tue May 16, 2023 10:21 pm
Silence67 wrote:
Tue May 16, 2023 10:04 pm
Hi everyone
Last year in June 2022 I got my long residence ilr based on my stay from 2006 till 2016.from March 2016 till January 2022 I was not in uk.i cameback to uk in January 2022.i want to know when I can apply for nationality can I apply for nationality in ,June 2023 or I have to wait because I was not present in uk 5 years ago.can I make my application on discretion as I previously stayed in uk for 10 years.
If you were out of country for six years your ILR would have lapsed - did you get a returning resident visa??
For naturalisation your 10 years residency is not relevant. If you are not spouse of a British citizen it's five years back from the naturalisation application date. Have you reviewed the AN guidance? https://www.gov.uk/government/publicati ... n-guidance
There's no discretion on choosing a different residency period.
The Op returned to the uk on some visa, probably a visitor visa and applied for ILR last year based on a previous 10 year legal period. This is allowed for long residence ilr.

The Op will only qualify for british citizenship in January 2027, 5 years after they arrived back in 2022 or in 2025 if they are married to a British citizen.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Nationality enquires

Post by secret.simon » Wed May 17, 2023 8:24 am

There are at least three time-based requirements when it comes to applying for naturalisation as a British citizen.
(a) absences of less than 450 days in the five years immediately preceding the date of application;
(b) absences of less than 90 days in the year immediately preceding the date of application; and
(c) physical presence in the UK at the start of the five year period. So, if you were to apply today, you'd have to prove that you were in the UK on 18th May 2018.

Discretion can be used to disregard one of the requirements for naturalisation. Based on your dates, you fail to meet at least two requirements above.

You'd want to spend a substantial period of time in the UK with no absences to get your five year absences down. Once your five year and one year absences meet the requirement, and you meet all other requirements without discretion, you can apply for naturalisation requesting discretion to disregard the physical presence requirement.

And, as alterhase58 has mentioned above, you don't get to choose the residence period.

Based on your flag, a Commonwealth citizen with ILR has almost all the same rights as a British citizen in the UK, so you should not be too inconvenienced. Any children born to you in the UK will be British citizens from birth, you have the right to vote and even to run for elected office, you can sponsor your foreign spouse and any foreign born children on the same terms as British citizens, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Silence67
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Posts: 2
Joined: Tue May 16, 2023 9:55 pm
Pakistan

Re: Nationality enquires

Post by Silence67 » Wed May 17, 2023 5:50 pm

Ok thank you so much for your valuable advice.I will wait till 2 of the requirements are met than I will apply.once again thank you moderators.

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