residential qualifying period for naturalisation

[Keyrun]

Hi,

Looks like there is contradiction in the naturalisation requirements and qualifying period

Req1
Requirement says

been resident in the UK for at least five years (this is known as the residential qualifying period); and

Req2
and qualifying period instructions are

If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period

I have been resident in this country for more than 5 years and got my ILR in March 2012. I have got my NCS appointment on 17th Oct. According to Req1 I meet the requirement but according to Req2 I dont as the ILR comes under exempt from immigration control catagory.

Can you someone please clarify this please. I may have read the requirements too many time in a bid to understand clearly but got tangled in the confusion.

Many thanks for the help

Regards,
Kay

[njoy1987]

If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period

[/b]

this refers to foreign dimplomats such as ministers and foreign embassy staff in the uk cause foreign posts are expemt from immigration control & time spent under these posts dont count towards residential qual period


Stay in uk 5 years plus 1 year on ilr = Eligible
stay in uk 3 years plus married to BC + ILR = Eligible ( No need to wait 1 year)

[Amber]

ILR comes under exempt from immigration control catagory

This is not true ILR is free from immigration control not exempt.

[Keyrun]

Hi njoy1987 and D4109125,

Thanks for your quick responses; that puts an end to my confusion. Appreciate it.

Regards, Kay

[k1100879]

Hi, I came to the UK in 2000 and applied for asylum. In 2006 I exhausted all my appeal rights and was asked to go back home by the Home Office. But I could not go back. In May, 2010 I was given ILR under the old cases clearance scheme. Since then I have traveled abroad twice for less than a month. The last time I was abroad was in 2012 for only a week. I have also completed a Bsc Degree in a London University plus passing the Life in UK Test. Do I qualify to apply for naturalization now or I have to wait till next year May 2015 when I have had the ILR for 5 yrs to apply..thx

[k1100879]

My two children 18 and 20 yrs were given UK settlement visas to come and live with me in March 2012. When do they qualify for naturalization?. Do they have to wait for 5yrs that is till March 2017 to meet the residential qualifying period requirement period to apply to become naturalized?...Thnx

[CR001]

You will need to wait until you have 5 years residence legal stay. Your UK degree will meet the English requirement.

Do your children have ILR?

Your children, because they are over 18, will need to have 5 years residence which must include ILR for 12 months before applying for naturalisation.

LIUK and English Language required for children over 18.