When Can She Apply For Uk Citizenship?

[DC1066]

The wife of a friend has been in the UK now for over three years, but because she hasn't passed the Life in the UK test, or equivalent, applied for a FLR visa at the end of her settlement visa.

The question is, what if she passed the test tomorrow? Would she be able to apply straight away for citizenship without applying first for ILR.

If she has to apply for ILR, can she then apply for citizenship one day after being granted the ILR?

Just wondering as she plans to take the test in the next couple of weeks

[7by7]

As well as being time qualified an applicant must also be free of any time restriction on their leave to remain.

Therefore she cannot apply until she has ILR (or the equivalent). However, providing she satisfies all the other criteria, she can apply immediately she has received her ILR or after she has been in the UK for 3 years, whichever is the later.

Presumably she had a 2 year spouse visa and obtained FLR as she had not yet satisfied the KOL requirement (LitUK test pass or ESOL with citizenship course) when her spouse visa expired? If so, then once she can satisfy this requirement she does not have to wait for her FLR to expire, but can apply for ILR straight away.

Edited February 4, 2009 by 7by7

[DC1066]

As well as being time qualified an applicant must also be free of any time restriction on their leave to remain.

Therefore she cannot apply until she has ILR (or the equivalent). However, providing she satisfies all the other criteria, she can apply immediately she has received her ILR or after she has been in the UK for 3 years, whichever is the later.

Presumably she had a 2 year spouse visa and obtained FLR as she had not yet satisfied the KOL requirement (LitUK test pass or ESOL with citizenship course) when her spouse visa expired? If so, then once she can satisfy this requirement she does not have to wait for her FLR to expire, but can apply for ILR straight away.

Exactly.

So what you are saying is that - when she passes the test (or course) she can apply for ILR. If this is issued on Monday, she can then apply for citizenship on Tuesday (assuming all other criteria met)?

[7by7]

Yes

[mariner29]

Lets not forget its the date she first entered the UK that includes tourist visas and time spent on fiancee visas etc.

[mrbojangles]

Lets not forget its the date she first entered the UK that includes tourist visas and time spent on fiancee visas etc.

Now you've confused me Mariner.

I can understand the clock starting on a Fiancee visa, as she entered the UK with intent to settle and she doesn't have to leave the country to apply for ILR. But I think with a tourist visa, she doesn't intend to settle, just visit and she has to leave the country to apply for a settlement visa. So on this i can't understand why a tourist visa would start the clock ticking. Can you please clarify.

[7by7]

Mariner is, of course, correct. Time spent in the UK on a visit or any other type of visa does count for citizenship.

The actual rule is:-

The applicant must have been legally in the UK on the exact date 3 years prior to the application.

The applicant must have been in the UK for at least 3 years.

The applicant must have spent no more than 270 days out of the UK during the last three years with no more than 90 days in the final year.

NB It is three years for the spouse or civil partner of a British citizen, 5 years for others.

[mrbojangles]

Cheers 7by7. You learn something new everyday. I might as well go to bed now

[mariner29]

I would hope i am correct as i have my wife's to do next month.

That's exactly what they said at the NCS he said he learned something new everyday.

[DC1066]

In the case I'm talking about, it is straightforward - in terms of entry visa and time in the UK that is.

She entered September 2005 (for the first time) on a 2 year settlement visa. Just before this expired, as per requirements she applied and was granted FLR. She had met all criteria other than the test/course, which was the only reason she applied for FLR rather than ILR.

She has now been here approx 3 years 5 months and is about to (hopefully) pass the Life in UK test. When she has passed it, she will apply for ILR and subsequently will apply for citizenship.

[mariner29]

Yes is that not we said 3 years from entering subject to KOL/ESOL and gaining ILR.

[nigelandjan]

As well as being time qualified an applicant must also be free of any time restriction on their leave to remain.

Therefore she cannot apply until she has ILR (or the equivalent). However, providing she satisfies all the other criteria, she can apply immediately she has received her ILR or after she has been in the UK for 3 years, whichever is the later.

Presumably she had a 2 year spouse visa and obtained FLR as she had not yet satisfied the KOL requirement (LitUK test pass or ESOL with citizenship course) when her spouse visa expired? If so, then once she can satisfy this requirement she does not have to wait for her FLR to expire, but can apply for ILR straight away.

Are you 100% sure about having to be in the UK for over 3 years before you can apply for citizenship ? The reason I ask is because when my wife was granted her first LTR in November she was told quite clearly and I did make them repeat the answer ,,,,,, between now ( last Nov and the Nov 2010 ) pass the UK test then come back and apply for the ILR and citizenship will be more or less granted then,,,,,,,amongst all the other crap we have to go through the lady gave us one really good tip and that is for her to start to do some volunteer comunity work ASAP ,,,,, just bring in a piece of headed paper saying you have been a good girl , which in our case is no problem as my wife is more than happy to push a few of the old gals around the block from the local nursing homes to do a bit of shopping a couple of afternoons a week ,, ( she also promised me not to blow up any government buildings ) ,,,,,,,,,,,,,,,,, just as an aside in yesterdays papers Sat 7th apparently if you come in via Guantanamo bay as a terrorist and an illegal ,, your visa application is waived and you are granted all you need on a fastrack system ,, given a safe house with police 24 hr protection at a cost to the taxpayer of £180000 anually,,,,,,,,,, <deleted> do we put up with this crap ?? I have a barrel of gunpowder and some matches ,can anyone give me a lift to westminster ??

[gazza44]

TO clarify the points here your wife has to be a resident for 3 years not a tourist as the interpretation is down to the checking officer and if you speak to several you will see that resident is for 3 years. Further more apply one month after ILR as it safer bet. Also national insurance number, criminal record check that cost little is worth doing. My wife and my friends took just a month to get citizenship with current tax, national insurance records plus crim check certificates. others I know have waited anything from 3 to 6 months for citizenship to be granted, further more use the nationality checking service cost around £40 they then forward it on and this also speed things up a bit.

This way worked for us and several friends but as I said its down to the interpretation of the checking officer.

[mariner29]

Not at all its 3 years from the date she first entered the country if you are married !

[7by7]

Are you 100% sure about having to be in the UK for over 3 years before you can apply for citizenship ?

Yes, I am 100% sure.

From Requirements for naturalisation if you are married to or the civil partner of a British citizen

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
  
• have been present in the United Kingdom three years before the date of your application; and
  
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
  
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
  
• have not been in breach of the immigration rules at any stage during the three-year period.

[nigelandjan]

Are you 100% sure about having to be in the UK for over 3 years before you can apply for citizenship ?

Yes, I am 100% sure.

From Requirements for naturalisation if you are married to or the civil partner of a British citizen

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
  
• have been present in the United Kingdom three years before the date of your application; and
  
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
  
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
  
• have not been in breach of the immigration rules at any stage during the three-year period.

Thanks for the clear info at last,,,,,,,I must admit it was some sandal wearing numpty that gave me the wrong advice at croydon ,,,,,,, the downside to this is it means another 2.5 years of schengen visa nonsense to go on our holidays ,,,,,,,,Jesus!!!!!!!!!!! I wouldnt want it any other way , but life is so complicated with a Thai wife thanks to our UK government

[steve187]

Are you 100% sure about having to be in the UK for over 3 years before you can apply for citizenship ?

Yes, I am 100% sure.

From Requirements for naturalisation if you are married to or the civil partner of a British citizen

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
  
• have been present in the United Kingdom three years before the date of your application; and
  
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
  
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
  
• have not been in breach of the immigration rules at any stage during the three-year period.

Thanks for the clear info at last,,,,,,,I must admit it was some sandal wearing numpty that gave me the wrong advice at croydon ,,,,,,, the downside to this is it means another 2.5 years of schengen visa nonsense to go on our holidays ,,,,,,,,Jesus!!!!!!!!!!! I wouldnt want it any other way , but life is so complicated with a Thai wife thanks to our UK government

The key word here is resident - does a person who enters on a tourist visa count as a resident or are they a tourist. I think that would be a tourist it would be better surely to wait until the first day of entry as a spouse or a fiancee before counting the three years.

[Brigante7]

According to 2 sewperate immigration officers in Glasgow, once a person has their ILR visa, they have to wait 1 year before they can apply for a UK passport, or is that not what everybody is talking about?

[Boo]

Brigante7

One year after your wife receives her her ILR, she must (in order to get a UK PP) apply to become a british citizen, this has to be done with the application forms on the home office website.

There is a Nationality checking service that some people like to use, they make sure everything is all ok on the application, it costs about 45 quid.

But the applciation itself is quite straightforward & requires hardly any documentation compared to the info you have to give to get ILR.

The citizenship application costs approx 700gbp.

It takes approx 3-6 months to be processed.

Once she has received confirmation that her citizenship application has been accepted she will receive an invite to a citizenship ceremony.

At this ceremony she will received a naturlaisation certificate.

ONLY once she is in possesion of this certificate can she apply for a passport as by right of being a British citizen

Whatever the glasgow folks told you, it is wrong or has been misunderstood. I strongly suggest you call the home office or query this information with the Glasgow office yourself

[Boo]

http://www.ukba.homeoffice.gov.uk/britishc...nship/applying/

Here is the link to the home office website and below is an excert from the website that specifies her eligibilty;

If you meet the requirements for naturalisation you should go to the applying for naturalisation as a British citizen section for details on how to apply.

There are seven requirements you need to meet before you apply:

you are aged 18 or over; and

you are of sound mind; and

you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and

you have sufficient knowledge of life in the United Kingdom; and

you are of good character; and

you are the husband, wife or civil partner of a British citizen; and

you meet the residential requirements; or

your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and

have been present in the United Kingdom three years before the date of your application; and

have not spent more than 270 days outside the United Kingdom during the three-year period; and

have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and

have not been in breach of the immigration rules at any stage during the three-year period.

Start of the residential qualifying period

The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

This means she has to have received her ILR

If you have indefinite leave to remain (ILR) in the United Kingdom you will be considered settled providing you have not been away for two years or more since you received ILR.

Ways to apply; http://www.ukba.homeoffice.gov.uk/britishc...heckingservice/

And about the citizenship ceremony; http://www.ukba.homeoffice.gov.uk/britishc...lying/ceremony/

[7by7]

One does not have to wait until one has held ILR for 1 year; the three years residency requirement begins when one first enters the UK. Whether it is with a spouse visa, fiance visa, work permit or whatever type of visa, even a visit visa.

Therefore it is possible to be time qualified for naturalisation immediately one recieves ILR.

[Boo]

Sorry yes, my mistake, we were going by our own process