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Does residential qualifying period includes ILR duration?

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

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Yameen
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Does residential qualifying period includes ILR duration?

Post by Yameen » Fri Jan 25, 2013 12:41 am

I was looking into various sources of information and found out from http://www.workpermit.com/uk/naturalisation.htm#s1 that residential qualifying period is 6 years (5 year's WP/HSMP + 1 yr ILR). I am little confused, the UKBA says only 5 years qualifying period, which includes to my understanding the 1 year duration one has spent on the ILR i.e. (4yrs WP/HSMP + 1 yr ILR = 5 yrs).

The reason why I'm concerned is my residence has been in 4 yrs and 11 months on WP+ 1 yr on ILR. This wouldn't make it to 6 until I wait for another month but I'm sure there is no mention of 6 years anywhere on the UKBA website.

Also, under section 2.1 Form AN, I switched category from Student to IGS and to WP from within the UK. When I applied for student visa from non-EEA I don't think my application supported a permanent stay in the UK as the visa was granted on the basis that you would return back to your home country following end of eduction. If I use the date when I first entered in the UK as student in Section 2.1, then surely I am contradicting the basis I applied the student visa and wonder if the date would be valid on Form AN. I have found advice to use the first date of entry regardless of visa status and hence the question.

Any help would be great!

ban.s
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Post by ban.s » Fri Jan 25, 2013 12:57 am

Don't worry, for citizenship, it's only 5 years of which last 12 months on ILR.

2.1 - you can use your student visa entry date. if the law allows a student visa holder to switch visa category in country, then I don't see any reason why a student visa holder can't enter with a view of long term stay!

Yameen
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Post by Yameen » Fri Jan 25, 2013 1:16 am

ban.s wrote:Don't worry, for citizenship, it's only 5 years of which last 12 months on ILR.

2.1 - you can use your student visa entry date. if the law allows a student visa holder to switch visa category in country, then I don't see any reason why a student visa holder can't enter with a view of long term stay!
Many thanks for your help! but I think its still a bit vague especially the section 2.1. Just checking if anybody's use the student visa entry date in form AN and has been successful?

hsmp28122006
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Post by hsmp28122006 » Fri Jan 25, 2013 10:37 am

Not sure about student visa but I must say I was 5 years + 10 months when I applied for naturalisation last week, as the previous reply says it's 5 years rather than 6 years.

If it helps you or anyone else, my timeline:

First HSMP valid from: 8/2/2007
First entry to UK: 19/03/2007
ILR granted: 12/01/2012
Naturalisation application made: 15/01/2012

Somudro
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Post by Somudro » Fri Jan 25, 2013 10:42 am

hsmp28122006 wrote:Not sure about student visa but I must say I was 5 years + 10 months when I applied for naturalisation last week, as the previous reply says it's 5 years rather than 6 years.

If it helps you or anyone else, my timeline:

First HSMP valid from: 8/2/2007
First entry to UK: 19/03/2007
ILR granted: 12/01/2012
Naturalisation application made: 15/01/2012
Why 10 months on ILR instead of 12 months?

boloney
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Post by boloney » Fri Jan 25, 2013 10:58 am

Somudro wrote:
hsmp28122006 wrote:Not sure about student visa but I must say I was 5 years + 10 months when I applied for naturalisation last week, as the previous reply says it's 5 years rather than 6 years.

If it helps you or anyone else, my timeline:

First HSMP valid from: 8/2/2007
First entry to UK: 19/03/2007
ILR granted: 12/01/2012
Naturalisation application made: 15/01/2012
Why 10 months on ILR instead of 12 months?
he was 12 months on ILR

Yameen
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Joined: Mon Dec 12, 2011 8:27 pm

Post by Yameen » Sat Jan 26, 2013 2:00 am

Can anybody please share their success story based on Student entry date in Section 2.1? Thanks.

Jambo
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Post by Jambo » Sat Jan 26, 2013 2:35 am

Yameen wrote:Can anybody please share their success story based on Student entry date in Section 2.1? Thanks.
A success story won't be based on a student entry date but on meeting the requirements for naturalisation. Don't worry about this question. It is not a test and you won't get refused because of what you put in this field. Student visa counts for naturalisation. They are more after your first entry date to the UK (probably to be able to locate your files in the system) rather than whether you had plans to apply for BC at that time.

Yameen
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Post by Yameen » Sat Jan 26, 2013 3:35 pm

Thanks this is useful. I was also implying a different route to BC than mine; assuming one who has stayed in the UK on student visa for over 10 yrs and obtained the ILR, then I guess the date he will have to use is the date while he was a student. So, it makes perfect sense that student visa entry can lead to naturalization. Many thanks all who responded it really was great to have you opinions.

alisohrab
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please advise - student visa/ILR british citizenship

Post by alisohrab » Sun Feb 24, 2013 10:27 pm

Dear All,

I have a different querry which is slightly linked to this one. i wonder if anyone can advise me.

- I came to the uk on May 2006 on student visa - stayed until Feb 2011 on student visa.
- married on Feb 2011 and granted leave to remain FL(M)R for 2 years
- ILR [SET(M)] granted on Feb 2013, just recently.

It says here and on home offices website that I can apply for naturalisation and british citizenship if i am spouse/partner of a british citizen and if i have been in this country more than 3 years. it doesn't specify the type of visa. is the period that i have stayed here with student visa counted?

I never left the uk for a duration of more than 2 weeks.

vinny
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Post by vinny » Sun Feb 24, 2013 11:09 pm

Already answered.
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