ILR to Naturalisation

[sandesh27uk]

Greetings to All,

With the understanding of new law to come in action from early april 2006 for ILR. Wondering how would it affect to the Naturalisation process for those who would fall under the category to complete the 5 years for ILR.

Understanding their are and would be some provisions made in law for the people who would complete four years during early April 2006, thier would be some transition phase decided for them to be considered in.

And what would the Naturalisation duration given/provided to them.

Also wondering what would be the situation for the people who have got their ILR ( Such as myself ) a year before and was looking forward to complete the naturalisation Procedures.

How would this change in the ILR law will have any impact on me?

Secondly, understanding their is a initial test to be passed for Naturalisation process, How long is it valid for? say technically i will be eligible to apply for Naturalisation in month of July 2006, Can i appear for the exam now and keep my papers ready for submission when the time comes, or their are any chances for law change in then?

I know i have asked too many of things in one. But its all relatively relational, i thought.

Look forward to read your suggestion.

Regards

[basis]

AFAIK naturalisation rules have not changed. It is the ILR rule that has changed. So until we hear otherwise you would be eligible to apply for naturalisation when after one year from the date you were granted ILR provided you meet other conditions as applicable as usual e.g. Test, Residence etc.

So in your case no impact at all. You can apply in July as the rules for naturalisation stand.

You can go for the test now. Earlier the better from any preparation from the application point of view.

[ppron747]

I agree with basis. Buried in the middle of the thread about the ILR rule change, I posted the following:

"...The present residence requirement (for someone who isn't married to a Brit cit) is 5 years, of which the final year has to be without time limit. So the new ILR rule - for many people anyway - means that the naturalisation residence requirement will effectively go up to six years. Their first year will count towards ILR, but will have no relevance to their naturalisation. The first day of their second year will be when the countdown to qualification for naturalisation starts...."

[sandesh27uk]

I agree with basis. Buried in the middle of the thread about the ILR rule change, I posted the following:

"...The present residence requirement (for someone who isn't married to a Brit cit) is 5 years, of which the final year has to be without time limit. So the new ILR rule - for many people anyway - means that the naturalisation residence requirement will effectively go up to six years. Their first year will count towards ILR, but will have no relevance to their naturalisation. The first day of their second year will be when the countdown to qualification for naturalisation starts...."

Hello Paul & Basis

Thanks for suggestions

Is it the 1st day of the second year / One can apply within the 11 months. I am not sure from where i heard this but i feel their is some provision also for this to be considered.

Secondly to bring in the discussion is another aspect of my case.
I was on work permit, and then got my wife a dependent visa and she was here. we both got the ILR at the same day.

Now we are married for 3 years and couple of months, and same months she is been in UK.

She will also be completing one year after her ILR.

Can she also apply at the same time with me for naturalisation.

I am re-confirming this, as one of my nearest senior friend had to apply sperately for him and his wife.

As he applied 1st and after his application was successful and received all the relevant documents. He applied for his Wife on the grounds of married to British C.

But i suppose should the clause of 1 year after ILR not be applicable to the partner or wife?

Once again i thanks for all your suggestions.

Regards
Sandesh

[ppron747]

I'm not sure what your first question means, Sandesh, but I suspect you might be confusing "leave to remain" applications with naturalisation applications. Whe you are applying for indefinite or further leave to remain, I believe you have to apply in the month before before your existing leave to remain expires. But when you are applying for naturalisation, you have to apply after you meet the requirements.

So you don't apply for naturalisation after, say, four years and eleven months in the UK. You apply after precisely five years. To quote from Guide AN
"You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application date (3 years if married to a British citizen). The application date is the date on which it is received by the Home Office. For example if your application is received on 20/11/2005 you should have been physically present in the United Kingdom on 21/11/2000 (or 21/11/2002 if married to a British citizen)."

I'm not absolutely sure from your post as to exactly when your wife arrived here. If you and your wife both arrived in the UK at the same time, you can apply together, and a joint application will cost a couple of hundred pounds less than two separate applications. If she arrived after you, then you could wait until she meets the 5 year residence requirement as well, and submit a joint application at that time. Alternatively, you could apply first, then she could apply separately, as the spouse of a British citizen, which only requires her to have been here for three years. But this would be the more expensive option, of course...

[sandesh27uk]

Hello PAUL,

Thanks for your reply, I thoroughly understand the snippet from Naturalisation GUIDE.

Further to give you the whole picture is...
1. Myself 1st came to uk on work permit i.e. on 1st of JUNE/JULY 2001
2. My wife came to UK on 1st JUNE 2003.
3. We got our ILR / PR done on 12 July 2005.

Referring to your suggestion would you think this makes a plan ahead:

i will completed my five years of stay in UK in JUNE/JULY OF THIS YEAR i.e. 2006.

My Wife will not be completing 5 years yet.

AS i am eligible for my case to put forward i shall do it.

AND one if my case is successful. Then my wife would married to an BC for three year NE WAY. WOudln't IT?

SO THEN we can put her case forward for the process?

What say.

[ppron747]

Perfect, Sandesh!

[John]

Sandesh, don't overlook that applicants for Naturalisation need to study for and pass the Citizenship Test these days. That applies to both you and your wife.

Have you both been studying, or indeed passed the test already?

When can you apply for naturalisation, on the facts given by you? Given that you got your ILR on 12 July 2005 it follows that you cannot apply for naturalisation until 12 July 2006 at the earliest.

Your wife? As soon as you are handed your Certificate of Naturalisation at your Citizenship Ceremony then, on the facts given by you, your wife is then eligible to apply.

[sandesh27uk]

Hello Paul,
Hello John,

Once again thanks for the information. Talking about the certification test. What does this test do? and what does it check?

Just for the learning "/ geting more fluency and confidence " we completed our EFL learning certificate course from Berkshire college. Would it help in N E Way to to say that we are compitant enough to speak and communicate in English.

IF Not, i/we will get the examination done ASAP and be ready, but wondering how long is this result valid for processing the Naturalisation App?

Thanks in advance for your views and suggestions.

Regards
Sandesh

[John]

Sandesh, have a look at this topic. I recommend that you buy that book, study it, and then both of you take the test. Even though your wife will be applying for naturalisation slightly later I suggest that if you study together and take the test together. That is, you can help each other through the process.

Pass certificates from the Citizenship Test do not become invalid. There is no problem there being months or years between passing the test and submitting the naturalisation application.

"EFL learning certificate course from Berkshire college"? No doubt the course was useful to you, and your English has improved, but that certificate is not useful to getting naturalisation. It might have been previously, but not since 01.12.05.