Time gap between ILR and Naturalization

[robinpaul78]

Hello Experts,

Need your help to understand the 5 year Qualifying Period (QP) requirement for Naturalization applications.
I am using some fictitious dates to explain my case:

Suppose my stay in the UK was as shown below:
Year# Period to Period From Number of absences
Year 6 31/12/2016 01/01/2016 70
Year 5 31/12/2015 01/01/2015 71
Year 4 31/12/2014 01/01/2014 52
Year 3 31/12/2013 01/01/2013 86
Year 2 31/12/2012 01/01/2012 81
Year 1 31/12/2011 01/01/2011 167

I submit my application for ILR on 1st Jan 2016 and it gets processed successfully considering the stay period from 01-Jan-2011 to 31-Dec-2015 (the ILR rules only states that the number of absences in each year for 5 continuous years should be less than 180 days).

1 year post getting ILR, i submit my Naturalization application on 1st Jan 2017. Will the 5 year QP consider the stay from 01/Jan/2012 to 31/Dec/2016 or will this have to be same as the ILR period (01-Jan-2011 to 31-Dec-2015)?

Please help.

Regards
Robin Paul

[CR001]

1 year post getting ILR, i submit my Naturalization application on 1st Jan 2017. Will the 5 year QP consider the stay from 01/Jan/2012 to 31/Dec/2016?

This one. For naturalisation is is counted 5 years backwards from date of application.

[robinpaul78]

Thanks Mod for the prompt response.

[robinpaul78]

Hi Experts,

Is there any mandatory time gap required between getting ILR and applying for Naturalization? Suppose I get my ILR in Jan 2017 after showing continuous residence of 5 years in UK, can i immediately submit an application for Naturalization as well? Please help.

Regards
Robin Paul

[CR001]

Hi Experts,

Is there any mandatory time gap required between getting ILR and applying for Naturalization? Suppose I get my ILR in Jan 2017 after showing continuous residence of 5 years in UK, can i immediately submit an application for Naturalization as well? Please help.

Regards
Robin Paul

No you cannot. Unless you are married to a British citizen, you have to wait a full 12 month period on ILR, this is mandatory.

[secret.simon]

Naturalisation is not a part of the immigration process, which terminates at settlement (ILR/PR). It is governed by different rules, under different laws, with different requirements.

As CR001 has pointed out, the five year period for naturalisation starts backwards from the date of application. The absence requirements are
a) no more than 90 days in the year preceding application
b) no more than 450 days in the five years preceding application
c) being physically present in the UK at the start of the five year period (date of application - five years + 1 day)

If you are not married to a British citizen, you must have also completed a year "free from immigration control" (i.e. have ILR or PR). There is no outer time limit on when you can apply for citizenship.

[robinpaul78]

Thanks CR001 and secret.simon.