residential qualifying period

[humanvoid]

Hi folks,

It is probably simple one but wanted to check if I am missing something. According to HO, residential qualifying period is complete 5 years and counted from date of arrival which is different for ILR, where it is counted from date of entry clearance.

I have got ILR at PEO which means earlier than complete 5 years as we are allowed to apply a month earlier. How will this affect timeline with naturalization application?

Thanks

[skymoon]

Yo cannot apply 28 days before for naturalization. You can apply for naturalization after completing 5 years.

[Amber]

Moreover, you need to have ILR for at least 12 months unless the spouse or civil partner of a British Citizen.

[humanvoid]

Thanks for replies, I understand all of that. The requirement is 5 years (working visa in my case) + 1 year on ILR. But they say those 5 years must be complete and counted from day of arrival, whereas for ILR, they counted from entry clearance's grant date.
My question is do I still have to wait for those 5 years to complete even if I have been on ILR for 12 months?

[vinny]

Yes. Moreover, you must also be present in the UK at the start of your residential qualifying period. If you haven't completed your 5 years, then it's difficult to see how you could have been present at the start.

[Jambo]

Thanks for replies, I understand all of that. The requirement is 5 years (working visa in my case) + 1 year on ILR. But they say those 5 years must be complete and counted from day of arrival, whereas for ILR, they counted from entry clearance's grant date.
My question is do I still have to wait for those 5 years to complete even if I have been on ILR for 12 months?

The 5 years are not counted from day of arrival but backwards from day of application. You could have lived in the UK for 6, 8 or 10 years before applying. It doesn't matter. What matter are the 5 years before applying.

I also don't think your statement that ILR is counted from EC grant date to be correct (unless you entered within 3 months but in that case you would completed 5 years by the time you have 12 months ILR).

[humanvoid]

I also don't think your statement that ILR is counted from EC grant date to be correct (unless you entered within 3 months but in that case you would completed 5 years by the time you have 12 months ILR).

That's correct, for ILR, 5 years is counted from EC date on condition of entering UK within first 3 months.

However, they also say:
"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."

Being on ILR is being exempt from immigration, so it must be 5 years preceding ILR + 12 month on ILR. Please correct me if I get this bit wrong.

The other question is what if I got ILR 28 days earlier and have only 4years 11month completed?

Should I wait for 5 years' completion? In my case:
EC granted: 1 March, 2008
Entered UK: 19 March 2008
ILR granted: 4 Feb 2013
Eligible for naturalization: ?

Thanks for your help.

[Jambo]

However, they also say:
"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."

Being on ILR is being exempt from immigration, so it must be 5 years preceding ILR + 12 month on ILR. Please correct me if I get this bit wrong.

"Exempt from" is not the same as "free from". You are exempted if you are a diplomat. You are free if you have ILR.

The other question is what if I got ILR 28 days earlier and have only 4years 11month completed?

Should I wait for 5 years' completion? In my case:
EC granted: 1 March, 2008
Entered UK: 19 March 2008
ILR granted: 4 Feb 2013
Eligible for naturalization: ?

In that case you would apply after 5 years 11 months in the UK but for naturalisation only the 5 years prior to the application matter so your first 11 months are not counted in the residential period (for naturalisation).

[vinny]

You are free from Immigration time and other restrictions, if you have ILR. However, an ILR holder is not free, nor exempt, from Immigration controls.

You may apply for naturalisation from 4 Feb 2014, if you satisfy the standard requirements.

[humanvoid]

Thanks to both of you for clarifying things for me regarding immigration control.

So based on this, the requirement is not 5 years + 1 year on ILR, but 5 years prior to application having its last 12 months spent under ILR.