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BC residency qualifying period - YMS counts?

Posted: Tue Nov 27, 2012 10:45 pm
by EEApartner
Hi all
I have an inquiry regarding when I will be eligible to apply for BC if I pass the application for ILR in 2014.

I have been in the UK since 2006 September
2006-2008 student visa
2008-2010 post study work
2010-2012 youth mobility scheme
2012-2014 unmarried partner

on feb 2014, im supposed to obtain ILR.
My question is, after holding ILR for a year, can I already apply for BC based on the time I spent here under youth mobility scheme? Does it count as residency qualifying period for BC?

Or does the 5 year period counted since 2012 when I started holding the unmarried partner visa?

Many thanks for your advice in advance.

Re: BC residency qualifying period - YMS counts?

Posted: Tue Nov 27, 2012 11:06 pm
by Gyfrinachgar
EEApartner wrote:My question is, after holding ILR for a year, can I already apply for BC based on the time I spent here under youth mobility scheme? Does it count as residency qualifying period for BC? Or does the 5 year period counted since 2012 when I started holding the unmarried partner visa?
If I am not mistaken, the Youth Mobility Scheme is part of the Tier system. Which means that you were legally in the UK on a valid visa - so yes, it does count like any other visa.

Posted: Tue Nov 27, 2012 11:54 pm
by Jambo
Any lawful stay counts. Even visitor visa.

When you said that you are on "unmarried partner" visa, is that a Residence Card following a EEA2 application?

For ILR, you can't use time under EEA regulations. You need either to apply for ILR based on the UK immigration rules or obtain PR (the EEA route ILR) after 5 years under EEA regulations.

You need ILR/PR before you are eligible to apply for naturalisation.

Posted: Wed Nov 28, 2012 6:48 am
by EEApartner
Thanks so much for your replies!
We were under the UK immigration route rather than the EEA route luckily!

I want to ask if it is necessary to show a stamp on my youth mobility scheme when I first entered the UK under this visa (as I had applied entrance clearance back in Hong Kong before coming back to the UK).
However due to volcanic problem in 2010, the flight had to land in France and I came back through France custom and they did not stamp on my visa due to chaos! I have asked the airline to post me a letter of proof for my flight back from Hong Kong to UK.
Would this suffice?

When I apply my BC, do I have to show any documents for my relationship evidence with my unmarried partner?

Thanks very much for your help in advice! Much appreciated!
Jambo wrote:Any lawful stay counts. Even visitor visa.

When you said that you are on "unmarried partner" visa, is that a Residence Card following a EEA2 application?

For ILR, you can't use time under EEA regulations. You need either to apply for ILR based on the UK immigration rules or obtain PR (the EEA route ILR) after 5 years under EEA regulations.

You need ILR/PR before you are eligible to apply for naturalisation.

Posted: Wed Nov 28, 2012 7:45 am
by Jambo
You don't need to show a stamp on a specific visa although the HO use the passport to validate you meet the residential requirements. If you write in the form that you travelled and there isn't a matching stamp in the passport, that's not an issue.

You apply based on your own merit. There is no need for evidence related to the relationship.

Posted: Wed Nov 28, 2012 7:48 am
by EEApartner
Thanks so much for your swift response!!
Jambo wrote:You don't need to show a stamp on a specific visa although the HO use the passport to validate you meet the residential requirements. If you write in the form that you travelled and there isn't a matching stamp in the passport, that's not an issue.

You apply based on your own merit. There is no need for evidence related to the relationship.