WHEN I CAN APPLY NATURLISATION - help plz

hi my question is i applied settlement visa on the basis of 4 year relation with british citizen with the EU.
i granted VISAI SETTLEMENT SPOUSE/CP (KOL REQ)
I arrievd here 13 oct 2008 i passed my KOL tes on 30 oct 2008 i apply ILR on 18the and granted at PEO within an HOUR.
officer said to me that i can apply for british cizitenship after 12 mounths. i just need to ask from guys AM I QUALIFY FOR BC AFTER 12 MOUNTHS or do i have to wait for 3 year. thanks

[/b]

I'm afraid you need to have spent 3 years in the UK.

paulp wrote:I'm afraid you need to have spent 3 years in the UK.

Thanks paulp for information do have you have link about such cases or some more info regarding that i am still wondering why officer told me at PEO so i can apply after 12 mounths. anyway thanks for help.

rizwan_ali wrote:

paulp wrote:I'm afraid you need to have spent 3 years in the UK.

Thanks paulp for information do have you have link about such cases or some more info regarding that i am still wondering why officer told me at PEO so i can apply after 12 mounths. anyway thanks for help.

Hi rizwan, just look up the requirements for naturalisation on the ukba website. The requirements are 5 year residence and 1 year ILR for non-spouses of British Citizens and 3 year residence in the UK for spouses.

The officer must have thought you were in the first category.

Regardless of when you had your ILR, it is still a 3 year rule on spouses. I agree, the officer might have thought that you where here on five year WP or 2 year spouse visa. Call UKBA again.

How did you get ILR after only being here a few months? Or did I miss something?

The way I read it is:

OP got spouse visa entered UK on it Oct 2008

Surely he'd have to apply for ILR Oct 2010? Has it been issued in error or am I being dense?

Wanderer wrote:How did you get ILR after only being here a few months? Or did I miss something?

The way I read it is:

OP got spouse visa entered UK on it Oct 2008

Surely he'd have to apply for ILR Oct 2010? Has it been issued in error or am I being dense?

Yes i got after one mounth of entry in the uk you are right if i come as spouse visa its supposed to be on 2010 but i got my ILR on basis of 4 year relation with british citzen outside the uk they issued me straight indefinite but i had to pass LIFE IN THE UK TEST as soon as i passed my KOL test i updated my endorsement so thats why i got my ILR under 2 mounths afte entry.

paulp wrote:

rizwan_ali wrote:

paulp wrote:I'm afraid you need to have spent 3 years in the UK.

Thanks paulp for information do have you have link about such cases or some more info regarding that i am still wondering why officer told me at PEO so i can apply after 12 mounths. anyway thanks for help.

Hi rizwan, just look up the requirements for naturalisation on the ukba website. The requirements are 5 year residence and 1 year ILR for non-spouses of British Citizens and 3 year residence in the UK for spouses.

The officer must have thought you were in the first category.

yes you are the officer must be thinking that i applied my ILR after the 2 year spouse visa thats why he said to me anyway thanks for update.

rizwan_ali, when you apply for your Naturalisation you will need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

Yes there are other tests but it is worth asking if you visited the UK at all in the last three years? If so can you post the dates of those visits, and also the date you first entered the UK using your spouse visa?

rizwan_ali wrote:

Wanderer wrote:How did you get ILR after only being here a few months? Or did I miss something?

The way I read it is:

OP got spouse visa entered UK on it Oct 2008

Surely he'd have to apply for ILR Oct 2010? Has it been issued in error or am I being dense?

Yes i got after one mounth of entry in the uk you are right if i come as spouse visa its supposed to be on 2010 but i got my ILR on basis of 4 year relation with british citzen outside the uk they issued me straight indefinite but i had to pass LIFE IN THE UK TEST as soon as i passed my KOL test i updated my endorsement so thats why i got my ILR under 2 mounths afte entry.

Ahh, u got ILE. I thin ur have to wait cos u have to have been in UK three years ago exactly to naturalise, like John said. So it's Oct 2011 for me...

John wrote:rizwan_ali, when you apply for your Naturalisation you will need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

Yes there are other tests but it is worth asking if you visited the UK at all in the last three years? If so can you post the dates of those visits, and also the date you first entered the UK using your spouse visa?

hi john,
yes i did visit i been visiting the UK from last 8 years regulerly because i was based in IRELAND i got marred in ireland i have 3 year old son. what dose those visits will considered as residency because these visits were only for days. i am bit confused about that.

what dose those visits will considered as residency because these visits were only for days. i am bit confused about that.

Residency? I think you are trying to invent a rule that does not exist!

Those visits to the UK (and of course the Republic of Ireland is not the UK), do you have details of those visit dates? And can you prove it?

You entered the UK in October 2008. Your problem is possibly going to be the 270 day rule, but let's assume, for the sake of argument, you visited the UK in say January 2008 ... and can prove it. So you can apply for Naturalisation in say January 2011 ... as long as you were physically in the UK exactly three years before UKBA receive the Naturalisation application.

Such an application could well be OK ... under current legislation .... as long you were not out of the UK more than 270 days in the 3-year period upto the date of application, nor out of the UK more than 90 days in the last year upto the application date.

But the legislation might change! I new Bill was announced in the Queen's Speech yesterday. We shall have to wait and see exactly what it says.

Regardless of all this Naturalisation matter, good you have got your ILR, because of course it removes the Public Funds restriction.

Residency? I think you are trying to invent a rule that does not exist!

hi john i am trying i am just asking and gathering the info about the BRITISH CITIZENSHIP process. Ofcorse its true i visit the uk i can prove it as well which were since jan 2001 to 2008 and then oct 2008 i officialy enterd for settlemtn. but before that all visit were a family visit to meet my wife and son.

lets see what new legislation will tell one last question my ILR will remain the same after these legislation or it will effect as many other people already have ILR in the UK.
Thanks for info

Wanderer wrote:Ahh, u got ILE. I thin ur have to wait cos u have to have been in UK three years ago exactly to naturalise, like John said. So it's Oct 2011 for me...

Purely technical question, did he actually get ILE or ILR?

rizwan_ali wrote:hi john i am trying i am just asking and gathering the info about the BRITISH CITIZENSHIP process. Ofcorse its true i visit the uk i can prove it as well which were since jan 2001 to 2008 and then oct 2008 i officialy enterd for settlemtn. but before that all visit were a family visit to meet my wife and son.

Rizwan, watch out about the 270 days of absences allowed in your 3 years of residency. My guess is that it may be very close, even if you do not spend a single abroad in the next 2 years and a bit.

paulp wrote:

Wanderer wrote:Ahh, u got ILE. I thin ur have to wait cos u have to have been in UK three years ago exactly to naturalise, like John said. So it's Oct 2011 for me...

Purely technical question, did he actually get ILE or ILR?

technicaly i got ILE because i didnt pass my life in the uk test my endorsement was different SETTLEMENT SPOUSE/CP (KOL REQ) so i passed my test thats only requirement was left before i granted ILE but i updated my endorsement in the uk so originaly i got ILR now.

paulp wrote:

rizwan_ali wrote:hi john i am trying i am just asking and gathering the info about the BRITISH CITIZENSHIP process. Ofcorse its true i visit the uk i can prove it as well which were since jan 2001 to 2008 and then oct 2008 i officialy enterd for settlemtn. but before that all visit were a family visit to meet my wife and son.

Rizwan, watch out about the 270 days of absences allowed in your 3 years of residency. My guess is that it may be very close, even if you do not spend a single abroad in the next 2 years and a bit.

PUALP i checked all the websites i need 3 year to qualify for citizenship so it means i can go out of the uk coz since than i came here permantly i havnt ben outside. i am still looking for more advise

Oh sorry, I thought you said you were in the UK in Jan 2008 as a touristand you wanted to use that to start your 3 years of residency. Anyway, 3 year continuous residence and no more than 270 days outside the UK in the those 3 years (plus another restritction on absences in the last year) are the requirements for naturalisation.

paulp wrote:Oh sorry, I thought you said you were in the UK in Jan 2008 as a touristand you wanted to use that to start your 3 years of residency. Anyway, 3 year continuous residence and no more than 270 days outside the UK in the those 3 years (plus another restritction on absences in the last year) are the requirements for naturalisation.

thanks for all that info simple is that i need three year with current legislation and ILR is dosnt matter.