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Hi guys, must of you already know about my situation, I applied for PR based on 5 yrs durable relationship(only 4 yrs marriage) I was first refused then I got PR.
The question is, can I apply for BT based on 6 yrs relationship(only 5 yrs marriage) regardless when I received PR? my PR is dated 05/03/2013.
Many thanks.

spike_UK wrote:Hi guys, must of you already know about my situation,

If that is your contention please continue in that thread.

Lucapooka wrote:

spike_UK wrote:Hi guys, must of you already know about my situation,

If that is your contention please continue in that thread.

Thanks but I'm asking for advice and sharing opinions, that is why I wrote this thread.

spike_UK wrote:Hi guys, must of you already know about my situation, I applied for PR based on 5 yrs durable relationship(only 4 yrs marriage) I was first refused then I got PR.
The question is, can I apply for BT based on 6 yrs relationship(only 5 yrs marriage) regardless when I received PR? my PR is dated 05/03/2013.
Many thanks.

If by BT you mean BC which = British Citizenship, then you may be able to apply. Having a PR document proves that you have satisfied the five-year residential qualifying period however, when the UKBA deems you to have automatically acquired PR is another matter. They may have issued your PR confirmation based on 5 years of marriage and not 4 years marriage + 1 year co-habitation.

If you wish to apply for BC now I would strongly advise that in addition to reading the AN guidance booklet you also apply via your local NCS. They will check your application and verify that you have all that is required to be eligible for UK nationality.

Plum70 wrote:

spike_UK wrote:Hi guys, must of you already know about my situation, I applied for PR based on 5 yrs durable relationship(only 4 yrs marriage) I was first refused then I got PR.
The question is, can I apply for BT based on 6 yrs relationship(only 5 yrs marriage) regardless when I received PR? my PR is dated 05/03/2013.
Many thanks.

If by BT you mean BC which = British Citizenship, then you may be able to apply. Having a PR document proves that you have satisfied the five-year residential qualifying period however, when the UKBA deems you to have automatically acquired PR is another matter. They may have issued your PR confirmation based on 5 years of marriage and not 4 years marriage + 1 year co-habitation.

If you wish to apply for BC now I would strongly advise that in addition to reading the AN guidance booklet you also apply via your local NCS. They will check your application and verify that you have all that is required to be eligible for UK nationality.

They have issued me PR based on 4 marriage+1 year cohabitaion. I'm still married less than 5 yrs, on November 2013 will be 5 yrs.
What is local NCS? Can they help me with filling my AN form? Thanks.

I have spoken to my previous lawyer(who believed that I can get PR based on a durable relation, regardless marriage) and she is going to submit my application for BC based on 6 yrs relationship regardless marriage. She is asking for 1 payment of £400 and that is it, if in future I get refuse with the right of appeal, she will only ask me for £80 more and do the appeal+going to court if it is necessary.
What do you guys think? and is the quote sounds ok? many thanks.

Better to ask BC questions in the BC section of the forum.

My advice (which might be conservative) is to wait one year after PR issue. This would save you having the HO examining your case again. Consider yourself lucky to have obtained PR by now. I would not risk £850.

You should be aware that there is no appeal process for BC (your solicitor should have told you that). You can ask for reconsideration if refused but at the end of the day, citizenship is given by the secretary of state and you have no legal grounds to appeal.

If you do decide to apply, highlight the fact that you applied for PR in 2012 and although a decision was made in 2013, it confirmed your PR in 2012. This might prevent the nationality team from examining your case again too deeply. As I already told you in the past (as much as you didn't like to hear it then) - going by the EEA rules, time before marriage without RC doesn't count for PR.

Spike,

I've moved your threads to the British citizenship section. You now have two similar threads. It is much preferred if you don't open multiple threads on similar topics.

Thanks.

Jambo wrote:Better to ask BC questions in the BC section of the forum.

My advice (which might be conservative) is to wait one year after PR issue. This would save you having the HO examining your case again. Consider yourself lucky to have obtained PR by now. I would not risk £850.

You should be aware that there is no appeal process for BC (your solicitor should have told you that). You can ask for reconsideration if refused but at the end of the day, citizenship is given by the secretary of state and you have no legal grounds to appeal.

If you do decide to apply, highlight the fact that you applied for PR in 2012 and although a decision was made in 2013, it confirmed your PR in 2012. This might prevent the nationality team from examining your case again too deeply. As I already told you in the past (as much as you didn't like to hear it then) - going by the EEA rules, time before marriage without RC doesn't count for PR.

Thanks for reply, I didn't know I don't get the appeal!
I'm not lucky to obtain PR im just a person who were eligible for it based on durable relationship. I will double check with Homeoffice first but even before you guys were not agree with me!! I will mention about my PR time and 2012, all these will be done by my lawyer.