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ILR/Citizenship query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Damion
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Posts: 1
Joined: Tue Dec 27, 2016 9:03 am

ILR/Citizenship query

Post by Damion » Tue Dec 27, 2016 9:13 am

Hi,

I do hope you can help.

I initially moved to the UK in 2002 on a student visa. I subsequently received a spousal visa and then ILR in 2005.

In 2006 I relocated to Jamaica with my wife and son (who was born in the UK). Due to my absence my ILR status I presumed was now void considering I was out of the country for more than 3 years.

In 2015 I returned to the UK on a work visa (Software Engineer) with my family. My wife and son were British citizens but I had to add my daughter to my work visa application. Through her mother my daughter has now been granted citizenship.

The family has settled well and have been residing in the UK for just over a year now. We have all intentions of settling permanently. My questions are:
1. How do I go about applying for citizenship considering the rest of the family are now all citizens?
2. Do I need to re apply for ILR first?
3. If yes to point 2 then do I have to be in the country for a period of time or is my previous ILR recognised?
4. Now that my daughter is a British citizen do I get a refund on her health surcharge of which was paid for 5 years. We both paid 5 years surcharge when we were given 3 years. Shouldn't we be refunded for the 2 extra years anyway?

Looking forward to your response.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR/Citizenship query

Post by Casa » Tue Dec 27, 2016 9:23 am

Damion wrote:Hi,

I do hope you can help.

I initially moved to the UK in 2002 on a student visa. I subsequently received a spousal visa and then ILR in 2005.

In 2006 I relocated to Jamaica with my wife and son (who was born in the UK). Due to my absence my ILR status I presumed was now void considering I was out of the country for more than 3 years.

In 2015 I returned to the UK on a work visa (Software Engineer) with my family. My wife and son were British citizens but I had to add my daughter to my work visa application. Through her mother my daughter has now been granted citizenship.

The family has settled well and have been residing in the UK for just over a year now. We have all intentions of settling permanently. My questions are:
1. How do I go about applying for citizenship considering the rest of the family are now all citizens? You need to hold ILR first.
2. Do I need to re apply for ILR first? Yes, as 1.
3. If yes to point 2 then do I have to be in the country for a period of time or is my previous ILR recognised? 5 years. Your previous period of residence & ILR doesn't qualify
4. Now that my daughter is a British citizen do I get a refund on her health surcharge of which was paid for 5 years. We both paid 5 years surcharge when we were given 3 years. Shouldn't we be refunded for the 2 extra years anyway? You can try. Others may have direct experience.

Looking forward to your response.
ILR is mandatory before applying for BC but as your wife is a British citizen you will qualify immediately after being granted ILR, assuming all standard requirements are met (absence, good character etc).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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