how many months in uk for citizenship?

[liveforever]

can someone please clarify how many months one has to be in the uk before they can apply for citizenship.

I know the rules change in October and my wife has passed lit-uk for ilr so just need to know how many months are needed before we can apply for citizenship.

kind regards

[RAZZELL]

At least 3 years after arriving in the UK.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

But Visit Visas etc can count.

RAZZ

[aland2012]

So is that 1 year after ILR, because you do the 2 years for ILR, get ILR then wait 1 year, which makes a total of 3 years.

[liveforever]

razz, thanks for your reply mate, I thought we might be short by a month for new rules, but she was here for 5 months on visit visa after we were married which would take us to 36++ months, I will check it out and thanks for your help.

kind regards

Edited August 4, 2013 by liveforever

[steve187]

dont forget that she must have been in the country on the same day three years prior to applying for citizenship, ie apply 8th august 2013 she must have been in the uk on 8th august 2010

[7by7]

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

You say she has "just passed lit-uk for ilr." Does this mean she has not been granted ILR? She cannot apply for naturalisation unless she has no time restriction on her stay in the UK; i.e. ILR or the equivalent.

There are other requirements as well.

See British Citizenship Basics and the links from there for more details and how to apply.

Edited August 4, 2013 by 7by7

[liveforever]

7, yes she was issued with ilr in February this year and after arriving in November 2010 on settlement has only had 5 weeks out of the uk for holidays abroad. I know this time alone leaves us slightly short on the 3 year requirement but she was here for 5 months in 2009 just after we were married which would take her over 36 months. just wondered if time in the uk on the family visit visa counts.

kind regards

[7by7]

Time in the UK as a visitor, or any category, prior to arriving for settlement does count toward the residential requirement for naturalisation.

But, as Steve187 says, she must have been in the UK on the exact day 3 years before the application.

Though it is not three years before she submits the application; it's three years before the UKBA receive the application.

So if they received it today, 5/8/13, she must have been in the UK on 5/8/10.

But you say she was in the UK as a visitor for 5 months in 2009 and arrived with her settlement visa in November 2010.

So, was she?

[liveforever]

thanks for you time 7,

according to my calculations she will have been in the uk for more than 36 months (all visas included) prior to the new rules on 28 oct 13, but no not exactly 3 years to the day (she arrived first week in nov 2010) so we will miss out !!

kind regards

[RAZZELL]

So is that 1 year after ILR, because you do the 2 years for ILR, get ILR then wait 1 year, which makes a total of 3 years.

Not necessarily...my wife was actually able to apply about 2 weeks after getting her ILR.

For example some people travel to the UK on a visit or study visit which can count towards the three years...or get 27 months FLR...etc

Any combination of the above...as long as you were physically present in the UK 3 years before the application is made and haven't been out of the UK for more than 270 days/ 90 in the final year.

RAZZ

[Somtamme]

Yes we're in a similar position, but my wife luckily arrived on a visit (fiancée visa) middle of Oct 2010 and we've not been outside of the UK for more than 270 days, or 90 days in the year prior to the application for naturalisation.

What confused me was the standard requirements for naturalisation, which I gather requires the applicant must have been free from immigration time restrictions, i.e. held ILR or the equivalent, for at least the last 12 months prior to applying. Using this criteria, would take my wife past the 28th Oct deadline.

I gather however, the requirements as a spouse or civil partner of a British citizen are different, and the applicant must instead be free from immigration time restrictions, i.e. hold ILR.

But can anyone provide the UKBA reference between standard time restrictions and those for the spouse of a British citizen?

[7by7]

The residential qualifying period for spouses or civil partners of British citizens is three years and they must have ILR or the equivalent; but how long they have held it does not matter.

The residential qualifying period for all other adults is 5 years and they must have held ILR or the equivalent for at least 12 months.

Links to the relevant UKBA pages can be found in the pinned topic I linked to previously; but here they are again:-

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

Standard requirements for naturalisation

[thomasteve]

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

You say she has "just passed lit-uk for ilr." Does this mean she has not been granted ILR? She cannot apply for naturalisation unless she has no time restriction on her stay in the UK; i.e. ILR or the equivalent.

There are other requirements as well.

See British Citizenship Basics and the links from there for more details and how to apply.

The 270 days can be stretched to 300 days and the 90 days to 100 days according to their explanatory notes/booklet.

Further leniency of up to 540/179 days may also be permitted if some extra conditions can be met.

[7by7]

Indeed, but whilst absences of up to 300 days would normally be disregarded, there are conditions to be met for longer absences. Conditions which I suspect do not apply to most members here.

See Discretion on absences from the UK during the residential qualifying period

All of which is irrelevant to the OP as his wife was not in the UK three years ago.

Edited August 7, 2013 by 7by7

[thomasteve]

So if they received it today, 5/8/13, she must have been in the UK on 5/8/10.

In the booklet/guide notes for naturalisation they say must have been physically present in UK one day after (ie. on the 6th not 5th) they receive the application form.

It's unclear to me what the situation is if only present in UK for half of the specified day though......

[RAZZELL]

Well, they count leaving/arriving days as being present when counting days out of the UK.

RAZZ

Edited September 19, 2013 by RAZZELL