Physically present

[tozz123]

I have been married for nearly 11 years to a British born citizen and we have two kids . I was recently awarded ILR under the 5 years rule. ideally I should straight away apply for citizenship however, I was told because my marriage is Islamic (got married in the UK in 2007) and didn't register it, I will not be able to apply because our marriage is not recognised. What are your thoughts?

i meet every other criteria. Should I apply or wait 12 months and apply then?

[secret.simon]

my marriage is Islamic (got married in the UK in 2007) and didn't register it

If your marriage was only Islamic and not registered, then, from the viewpoint of the law, you are not the spouse of a British citizen and therefore will need to wait for a further year before applying for naturalisation.

[tozz123]

Thanks a lot for your response on a Sunday!

But what would happen if I applied and they reject me will that impact my immigration history if I apply in 12 months?

[Salasala]

Do not waste your money
If they refuse will not affect anything . You will just need to wait for the right time to apply

[tozz123]

Fair point thanks! How about applying and saying I am asking for a special dispensation? I have two kids and been working and earning and paying taxes for last 5 years?

[secret.simon]

But what would happen if I applied and they reject me will that impact my immigration history if I apply in 12 months?

It would have no impact on any future application. You would however be poorer by £1000+ (your fee will not be refunded).

I have two kids and been working and earning and paying taxes for last 5 years?

Following the law is not grounds to request a special dispensation.

You can ask for discretion to waive the requirement, but discretion is not exercised randomly. There are certain specific grounds based on which you can ask for discretion to be exercised. See Page 24 of the Nationality policy: Naturalisation as a British citizen by discretion document.

As I see it, you have no alternative but to wait for a year. Alternatively, you can get married legally in a civil ceremony and then apply for naturalisation immediately.

[Khurram545]

I have been married for nearly 11 years to a British born citizen and we have two kids . I was recently awarded ILR under the 5 years rule. ideally I should straight away apply for citizenship however, I was told because my marriage is Islamic (got married in the UK in 2007) and didn't register it, I will not be able to apply because our marriage is not recognised. What are your thoughts?

i meet every other criteria. Should I apply or wait 12 months and apply then?

You got your ILR under 5 year routes of marriage ?

[tozz123]

Yes I have had a partner visa but it doesn’t tell you if it was granted based on marriage or partnership and being a parent as well!

[secret.simon]

A spousal visa under the Immigration Rules can be issued if the non-EEA spouse is either married to or in "a relationship akin to marriage" with a person settled in the UK or a British citizen.

However, nationality law (which is separate and distinct from the Immigraton Rules) specifies that the applicant must be in a marriage (or a same-sex civil partnership) to a British citizen (a person settled in the UK will not meet the criterion) on the date of application, in order for the applicant to be able to directly apply for naturalisation and not have to wait for one year.

It is worth remembering that immigration and naturalisation are two separate processes, unrelated to each other, though they have points at which they meet. The immigration pathway terminates at ILR/PR. Naturalisation can take place months or years after ILR/PR or perhaps even never (if the person does not want British citizenship, for example).Naturalisation is a different process, under different laws and regulations than immigration.

So, even if the person was granted a spousal visa under the Immigration Rules, that would not be sufficient for her to apply directly for naturalisation.

The OP can either
a) Wait a year after ILR
b) Legally marry the UK citizen and then immediatly apply for naturalisation
c) Enrich the UKV&I by paying them for an application that must fail for not meeting the requirements

[Khurram545]

Yes I have had a partner visa but it doesn’t tell you if it was granted based on marriage or partnership and being a parent as well!

Once you granted ILR you are no more dependent. I recently applied for nationality and no column in forms asked me such a question for my wife and kids

[tozz123]

i have already made an application online and i am hesitant not to do bio-metrics and make it invalid and get a refund., the question is will that have an impact on my future application?

[tozz123]

also physically present, do it mean you are present for the whole day ion the UK or its ok if you were present and left the country in that day?

[tozz123]

i have already made an application online and i am hesitant not to do bio-metrics and make it invalid and get a refund because I don’t meet the residence requimemta, the question is will that have an impact on my future application?

The terms and conditions say that if you don’t do biometrics within 15 days you will be refunded full amount less £25 admin fee.

[tozz123]

physically present, do it mean you are present for the whole day ion the UK or its ok if you were present and left the country in that day?

[secret.simon]

Generally, for naturalisation applications, only whole day absences are considered. So, if you were present for part of the day, it should not be considered an absence.

But don't cut it that fine. If your postal application gets delayed in the post, for example, you may not meet the physical presence requirement.

he question is will that have an impact on my future application?

No.

Topics merged. Please keep your queries for the same application in the same thread.

[tozz123]

Thanks so it’s ok to just not do biometrics now and get a refund and apply again in the future?

[Casa]

Thanks so it’s ok to just not do biometrics now and get a refund and apply again in the future?

You won't be entitled to a refund of the fees apart from the Citizenship ceremony fee.

[secret.simon]

Casa, the Fees payment slip does state that if biometrics are not provided for the naturalisation application, the fees will be refunded, less £25.

If the full fee or biometric data is not provided then the application will be rejected as invalid. The application will not be considered and the fee will be refunded less an administration fee of £25.

To the OP, do you meet the physically present requirement within two months of the date of application? The caseworker may, at their discretion, write to you to redeclare your application to another date within two months when you do meet the physically present requirement.

[tozz123]

Yes I do meet them within two months

[Casa]

Thanks to secret.simon for the correction.

[tozz123]

Thanks guys - so further to secrets point, should I just not do biometrics and wait till application invalidated and apply again?