Qualifying residential period

[rubint]

Hi all,

I'd really appreciate any help with the following questions:

I arrived in the UK on the 20th of September 2011 on a student visa.

On 26.11.2011 I enterned into Civil Partnership with a British citizen
On February 2011 I made an application for a spouse leave to remain
On 10.4.2012 I was issued a residence permit of the type: spouse/partner leave to remain. The permit will expire on 10.4.2014, and 28 days prior to the expiry date I will submit and application for Indefinite leave to Remain.


My (interlinked) questions are these:

1. When can I apply for naturalisation (citizenship), and more specifically, does the residential qualifying period include the period between 20.9.11 and 10.4.11 in which I was in the UK on a student visa? Or is the qualifying residential period starts from the day I obtained spouse leave to remain? I could not find an answer to this question on the UKBA website.

2. Do I must hold an Indefinit Leave to Remain permit for one year before applying for citizenship? if so where is this stated? (in which case the question above will not matter, as I will have stayed three years in the UK as a civil partner).

Thanks!

[Jambo]

Have you read the FAQ before posting?

See Q1 in Citizenship FAQs - Common Questions - Read before posting.

[rubint]

Hi, and thanks for this!

However the Q&A section says that any legal stay in the UK counts. This is not accurate as, according to the UKBA website: "You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period."

(though this is not my case.. I was here on a student visa, which is not exempt from immigration control.)

Maybe someone here can refere me to the relevant provisions in law that clarify the question of the qualified period? or share from their experience, if there's anyone in a position similar to mine?

The inaccuracy of the Q&A does not encourage me to count on it, and so if someone can back this up with the relevant authority in law and/or personal experience that'll be really great.

Thanks!

[ban.s]

The inaccuracy of the Q&A does not encourage me to count on it, and so if someone can back this up with the relevant authority in law and/or personal experience that'll be really great.

The Q&A is a summary of key provisions only and doesn't represent the entire nationality act.

refer to the nationality instructions for detailed guidance on this http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

[Amber]

Hi all,

I'd really appreciate any help with the following questions:

I arrived in the UK on the 20th of September 2011 on a student visa.

On 26.11.2011 I enterned into Civil Partnership with a British citizen
On February 2011 I made an application for a spouse leave to remain
On 10.4.2012 I was issued a residence permit of the type: spouse/partner leave to remain. The permit will expire on 10.4.2014, and 28 days prior to the expiry date I will submit and application for Indefinite leave to Remain.


My (interlinked) questions are these:

1. When can I apply for naturalisation (citizenship), and more specifically, does the residential qualifying period include the period between 20.9.11 and 10.4.11 in which I was in the UK on a student visa? Or is the qualifying residential period starts from the day I obtained spouse leave to remain? I could not find an answer to this question on the UKBA website.

2. Do I must hold an Indefinit Leave to Remain permit for one year before applying for citizenship? if so where is this stated? (in which case the question above will not matter, as I will have stayed three years in the UK as a civil partner).

Thanks!

1. Yes time on a student visa will count towards the requirement.

2. No, if you are a civil partner of a British Citizen then you can apply as soon as you are settled (have ILR) providing you meet the other requirements which includes 3 years residency in the UK. In your case you could apply prima facie from 20th September 2014.