Naturalization Query

[zaheer145]

Hello all,

I have just been granted ILR under SET(M) rules (marriage to British Citizen). I wanted to know if my previous stay as a student in the UK can count towards the 3 years required for naturalization. Details of immigration status are as follows:
- Aug 2004 - Aug 2007 on student visa.
- Aug 2007 - Nov 2007 on work permit
- Nov 2007 - Nov 2009 on limited leave to remain
- Nov 2009 - current on ILR

My periods of absence for the last 3 years total less than 270 days and less than 90 days for the last year.

My question was, given that I was a student living in the UK prior to my Limited leave to remain. Will that time count towards my naturalization? If so, am I eligible to apply for naturalization now?

Thank you for your help.

[peteribe]

Hello all,

I have just been granted ILR under SET(M) rules (marriage to British Citizen). I wanted to know if my previous stay as a student in the UK can count towards the 3 years required for naturalization. Details of immigration status are as follows:
- Aug 2004 - Aug 2007 on student visa.
- Aug 2007 - Nov 2007 on work permit
- Nov 2007 - Nov 2009 on limited leave to remain
- Nov 2009 - current on ILR

My periods of absence for the last 3 years total less than 270 days and less than 90 days for the last year.

My question was, given that I was a student living in the UK prior to my Limited leave to remain. Will that time count towards my naturalization? If so, am I eligible to apply for naturalization now?

Thank you for your help.

Yes you qualify and can apply now as long as you do not have any criminal conviction that hasn't been spend under the offender rehabilitation act

[zaheer145]

Just to clarify further, I have been married for 2 yrs and my previous stay as a student was under a student visa.

Therefore, for my 3 years residence period, I have 1 year (student visa) and 2 years (ILR based on marriage).

Does the above impact the time criteria for naturalization? Or can I still apply for naturalization?

Thanks.

[Danbrix]

You can apply now as long as you meet all the other requirements.

Breach of immigration laws during residential qualifying period

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.

[John]

zaheer145, just ensure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application.

For example, let's assume that you were out of the UK for Christmas 2006/New Year 2007 .... indeed out of the UK from say 23.12.06 until 05.01.07 ..... then you cannot apply at the moment, and would need to wait until say 06.01.10 at the earliest before making your application.

UKBA have no discretion about this rule. It is either passed or failed!

[zaheer145]

Thank you everyone for your help.

I will ensure I only apply once I was physically present in the UK 3 years prior to my application!

Thanks again.

[setm]

Zaheer145,

I have the same situation like you but I'm about to apply for ILR SET-M next month. As you said you have got ILR in last november 2009. Would you plz share your ILR experience with me?

I've following question in my mind plz answer:

1. Did you applied you ILR (SET-M) inperson or by post?

2. If applied inperson, what main documents did you prepared/submited?

3. If applied inperson, What questions did home office asked you and your wife?

4. If applied by post what documents did you send out?
5. How much bank balance should I declare in my bank?
6. How many and What kind of letters did you submit?
7. Any recomendations for me?


I'll really greatful brother if you reply asap.

Setm

[setm]

Thanks Zaheer

[zaheer145]

Sorry for not replying earlier. I was away on holiday and have just got back.

The answer to your questions:

1. Did you applied you ILR (SET-M) inperson or by post?
I applied via person. However, when I attended my appointment, the case worker required additional documents and there I think my application was downgraded to a fast track postal application (fast tract because I paid the additional fees for the in-person appointment.

2. If applied inperson, what main documents did you prepared/submited?
- The applicaiton form, marriage certificate, passports, lots of post addressed to yourself and your wife (I didnt have enough of these and hence my application could not be decided on the day).

3. If applied inperson, What questions did home office asked you and your wife?
- No questions as such. They only ask to see post addressed to yourself and your wife for the entire 2 year period. ie, post addressed to both of you for the ENTIRE 2 years (not every month, but every 3rd month).

4. If applied by post what documents did you send out?
- didnt apply via post.

5. How much bank balance should I declare in my bank?
- I dont think this is necessarily very important for a Set-M application.

6. How many and What kind of letters did you submit?
- Post addressed to each of us. The origin doesnt necessarily matter.

7. Any recomendations for me?
- Ensure you take more post addressed to both of you than the 6 required on the application form.

[zaheer145]

Hello All,

One more question for you experts.

When making a naturalisation application based on being married to a British National, do I need to send in post addressed to myself for the 3 year period? (in order to prove that I have lived here for 3 years)

Or will the entry/exit stamps on my passport be enough?

I have post for the last 2 years, however, since I was in University before that, I do not have any post addressed to myself. I do however, have my university degree and I can get a bank letter stating that I have been their customer for greater than 3 years.

Thank you in advance for your help.

[setm]

Thanks very much for your reply Zaheer. God bless you.

One last question!

At the time of application, were you and your partner working full time or part time? Did home office check 3 or 6 months payslips and bank statement?


Many thanks in advance for your time and advise.

Regards,

Setm

[zaheer145]

I am in full time employment. The case worker seemed to be more concerned with obtaining post addressed to myself and my wife. Didnt ask to see payslips or bank statement as such.

However, I would advise you to keep these with you at the day of the appointment, so that if the case worker requires them, you have them to hand.

[setm]

I am in full time employment. The case worker seemed to be more concerned with obtaining post addressed to myself and my wife. Didnt ask to see payslips or bank statement as such.

However, I would advise you to keep these with you at the day of the appointment, so that if the case worker requires them, you have them to hand.

Thanks Zaheer.

Are you going to apply citizenship on the base of 3 years (1 year student visa and 2 years spouse)?
Friend make sure you get correct information before application. There is non-refundable fee of 700plus for citizenship application.
I personaly think your citizenship will be due after 3 years (2 years spouse visa plus 1 year ILR as not subject to immigration control). They will not count your student visa. They will count from the date when you got spouse visa.

and

As well as I'm aware, you dont need to send out 3 years letters as prove of address. They can see the last peroid from visa stamps and entry/exist dates on your passport. One of my friend recently got citizenship he did not forward any letters.

All the best and thanks again for your advise and help.


Setm

[BLK235]

There is no requirement for a spouse of british national to be free of immigration controls for 12 month when applying for naturalisation.

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

Student visa is a legal stay, therefore should count towards residential period unless of course there was a breach of immigration rules between student visa and spousal one.

Breach of immigration laws during residential qualifying period

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

[setm]

There is no requirement for a spouse of british national to be free of immigration controls for 12 month when applying for naturalisation.

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

Student visa is a legal stay, therefore should count towards residential period unless of course there was a breach of immigration rules between student visa and spousal one.

Breach of immigration laws during residential qualifying period

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

Thanks BLK235 for your kind advise.

According to above comments, Does it mean if someone was on uk studuent visa before getting spouse visa and after getting ILR (Set-M) can apply Citizenship straightway?

How does it work in my case than? My details are as follows:

- 2004 to DEC 2007 on Student visa (did not breach any immigration law)
- Jan 2008 to Jan 2010 on Spouse visa
- End of Jan 2010 going to apply for ILR (set-M)

Now my question is, After getting ILR (under set-m) when can I apply for British citizenship? I'll highly appreicate your words BLK235 or anyother memeber on this regards.

Thanks in advance.

Setm

[John]

As long as you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application, there will not be a problem ..... after you have got your ILR of course.

[setm]

As long as you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application, there will not be a problem ..... after you have got your ILR of course.

Thanks John.

Would you please explain the term physically in uk 'EXACTLY 3 YEARS'?
As in my last 6 years stay I went lots of time outside the country. At the end of day, My absent period is less than 270 days as whole and less than 90 days in one year in last 6 years stay. What if someone was absent in that exactly 3 years period' for couple of week than how does it work?

Pls advise.

Setm

[John]

I mean just the ordinary English language meaning of those words. Nothing more, nothing less.

[setm]

I mean just the ordinary English language meaning of those words. Nothing more, nothing less.

Johan! Its bit disappointment to get this sort of reply from you. I was not expecting such a dull reply from a responsible moderator like you. Never mind this question is beyond your capability.


Setm

[gulyana786]

I mean just the ordinary English language meaning of those words. Nothing more, nothing less.

john

Setm's question is crystal clear. I 100% agree with setm. this question is beyond your capability. Your are rude. Should not you appologise setm on this kind of dull and rubish reply......? Bear in mind you are representing immigrationboards.com forum.

---------Admin pls advise all of your moderators not be rude and always deliver proper reply--------------------

Clear your position poor john....

[setm]

I mean just the ordinary English language meaning of those words. Nothing more, nothing less.

john

Setm's question is crystal clear. I 100% agree with setm. this question is beyond your capability. Your are rude. Should not you appologise setm on this kind of dull and rubish reply......? Bear in mind you are representing immigrationboards.com forum.

---------Admin pls advise all of your moderators not be rude and always deliver proper reply--------------------

Clear your position poor john....

Many thanks Gulyana786! for you support.

Very nice. I appreciate and respect your thoughts. I wish all the rude moderators like so called john should behave nicely with members. Admin must advise them not to rude with members and reply to the point what exactly members ask for. There should not be any place for such a rude moderator at this beautiful forum.

Regards,
Setm

[John]

The problem is this. People look for enormous complications in a very simple matter. So please just read the words I actually wrote, and it should make complete sense.

That is, don't try to look for complicated hidden meanings in my words ..... just read what I actually wrote!

And what I did not write (in isolation) is ....physically in uk 'EXACTLY 3 YEARS' ... that is, I did not stop my sentence there, did I. The word "before" is rather important ... and before what is crystal clear in what I wrote.

So please, please, again, read what I actually wrote!

[mochyn]

I mean just the ordinary English language meaning of those words. Nothing more, nothing less.

john

Setm's question is crystal clear. I 100% agree with setm. this question is beyond your capability. Your are rude. Should not you appologise setm on this kind of dull and rubish reply......? Bear in mind you are representing immigrationboards.com forum.

---------Admin pls advise all of your moderators not be rude and always deliver proper reply--------------------

Clear your position poor john....

Many thanks Gulyana786! for you support.

Very nice. I appreciate and respect your thoughts. I wish all the rude moderators like so called john should behave nicely with members. Admin must advise them not to rude with members and reply to the point what exactly members ask for. There should not be any place for such a rude moderator at this beautiful forum.

Regards,
Setm

I fail to see what gripe you have with John.
He answered your question very clearly.
It does not take a rocket scientist to understand what he said.
It was plain simple english. He was calling a spade a spade.
I think you owe him an apology

[keshgrover]

Setm,

Please calm down. John have not said any thing wrong. He just said as it says on guidelines. And I fully agree with him. You guys need to understand he is one of them who have contributed a lot to this board and helped many of us.

I am sorry and not being rude but people on board need to understand first what some one is saying before they take their guns out.

Regards

[John]

Just to add to what I posted earlier, in case the penny has not yet dropped, I ask the following simple question.

If someone married to (or in Civil Partnership with) a British citizen was making a Naturalisation application today, my very simple question is .... what date was it exactly 3 years ago?

Has the penny dropped now?