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Came to UK on a Visit visa got ILR..when to Apply ?

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

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spoiled brat
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Came to UK on a Visit visa got ILR..when to Apply ?

Post by spoiled brat » Fri May 18, 2012 10:56 pm

My uncle and Aunty got to the UK as visitors in May 2007 , Applied for ILR in December (made an application for ILR ) , got ILR granted in Feb 2008 under compassionate circumstance as dependents of a British national

now the question is,

when can they apply for Naturalization ?

May 2012 ( 5 years ) technically they landed in june so it will be 5 years

OR

in December 2012 ( they made the ILR application in dec 2007 )

OR

in Feb 2013 ?


Please advice

Many thanks
Last edited by spoiled brat on Sat May 19, 2012 1:20 pm, edited 1 time in total.

Lucapooka
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Post by Lucapooka » Fri May 18, 2012 10:58 pm

Why is this urgent?

spoiled brat
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Post by spoiled brat » Sat May 19, 2012 1:18 pm

because if they are eligible to apply in May then they should do it now instead of waiting till December or Feb.

dbmurthy
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Re: Urgent : Came to UK on a Visit visa got ILR..when to App

Post by dbmurthy » Sat May 19, 2012 1:31 pm

spoiled brat wrote: now the question is,

when can they apply for Naturalization ?

May 2012 ( 5 years ) technically they landed in june so it will be 5 years

OR

in December 2012 ( they made the ILR application in dec 2007 )

OR

in Feb 2013 ?


Please advice

Many thanks
----------------------------------------
They can apply for Naturalization (in Feb 2013) after completion of 12 months from the date they got their ILR stamped on passports..

Lucapooka
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Post by Lucapooka » Sat May 19, 2012 1:32 pm

That may be so but does not fall under the definition of urgent. Urgent might include something that was compelling or requiring immediate action or attention. Unless they are considering leaving the UK for a very long period, their eligibility to apply for citizenship now or in the future will not expire.

geriatrix
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Re: Urgent : Came to UK on a Visit visa got ILR..when to App

Post by geriatrix » Sat May 19, 2012 1:42 pm

dbmurthy wrote:They can apply for Naturalization (in Feb 2013) after completion of 12 months from the date they got their ILR stamped on passports..
They were granted settlement in Feb 2008, not Feb 2012!
spoiled brat wrote:got ILR granted in Feb 2008 under compassionate circumstance as dependents of a British national
spoiled brat wrote:My uncle and Aunty got to the UK as visitors in May 2007 ,
If they meet the standard requirements in May 2012, they may apply for naturalisation.
Last edited by geriatrix on Sat May 19, 2012 2:21 pm, edited 1 time in total.
Life isn't fair, but you can be!

spoiled brat
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Post by spoiled brat » Sat May 19, 2012 2:18 pm

Lucapooka wrote:That may be so but does not fall under the definition of urgent. Urgent might include something that was compelling or requiring immediate action or attention. Unless they are considering leaving the UK for a very long period, their eligibility to apply for citizenship now or in the future will not expire.

i'm not sure if your posts in this thread or topic are of any help what so ever but least now i know whom to ask for vocabulary definitions.

thank you none the less .
Last edited by spoiled brat on Sat May 19, 2012 2:29 pm, edited 1 time in total.

spoiled brat
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Re: Urgent : Came to UK on a Visit visa got ILR..when to App

Post by spoiled brat » Sat May 19, 2012 2:23 pm

sushdmehta wrote:
dbmurthy wrote:They can apply for Naturalization (in Feb 2013) after completion of 12 months from the date they got their ILR stamped on passports..
They were granted settlement in Feb 2008, not Feb 2012!
spoiled brat wrote:got ILR granted in Feb 2008 under compassionate circumstance as dependents of a British national
If they meet the standard requirements in May 2012, they may apply for naturalisation.

thanks for your reply.


yes, i was under the same impression however i spoke to a solicitor who insisted that they can't apply before Dec 2012 ( the date they made the application for ILR, Dec 2007) as their status was still of a visitor and they have to fullfill 5 years residence requirement

i was under the assumption the residence clock started when they landed in May of 2007 and not when they made the application Dec 2007 ?

spoiled brat
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Post by spoiled brat » Wed May 23, 2012 4:00 pm

anyone ?

geriatrix
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Post by geriatrix » Wed May 23, 2012 4:10 pm

Legal residence under any immigration category (including visitor) can be included in the residential qualifying period for naturalisation.
Life isn't fair, but you can be!

spoiled brat
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Post by spoiled brat » Tue May 29, 2012 3:50 pm

thank you very much :D

spoiled brat
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Post by spoiled brat » Sun Jun 03, 2012 7:57 pm

i'm sorry to have bump this thread but whilst filling their form and reading the guidance i came across this

2.1 Enter the day you first arrived with a view to staying in the UK on a long-term basis, and
the airport or seaport through which you then entered. If this is less than 5 years before
the date on which we receive the application, or less than 3 years before this date if you
are married to or the civil partner of a British citizen, you might not meet the residence
requirement (see pages 4 and 5 of the Booklet AN) and your application may be
unsuccessful.




they came here on a visitor's visa in May 2007, ILR application wasn't submitted until December 2007

my question is, if we apply now and say they have been here since may 2007 with the intention of staying in the UK on long term basis, will their application not be rejected based on them having a visitor's visa of 2 years ?

or will that not be a problem, as they were legally present in the country 5 years before they apply ? i'm confused about this and i'm sure, some of you may have had to face the same problem ?

what to do ?

please help.

geriatrix
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Post by geriatrix » Tue Jun 05, 2012 5:11 am

spoiled brat wrote:what to do ?
Mention the date they first arrived in the UK in 2007.
Life isn't fair, but you can be!

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