Page 1 of 1
ILR to naturalisation
Posted: Tue Dec 17, 2013 6:57 pm
by saima999
Hi my friend has for indefinite leave to remain on basis of domestic violence for last 1 month. She has been in the UK for more then 6 years can she apply for naturalisation as she has spent more then 5 years in the uk?
Also indefinite leave expiry is 2023, I thought indefinite leave never expires ?
Thank you
Posted: Tue Dec 17, 2013 7:12 pm
by Ayyubi72
She needs to wait 12 months from ILR date before she can apply for naturalisation.
ILR is valid forever, but the biometric residence permit needs to be updated every ten years. This is so the photo on BRP is not too old. Just like photo driving card needs to be renewed (updated with a new picture) every 10 years.
Posted: Tue Dec 17, 2013 7:16 pm
by saima999
Thanks but I have head if someone has spend more then 5 years legally in the UK they can apply straightaway for naturalisation after indefinite leave and that's what I did when I got my indefinite leave on spouse visa
Posted: Tue Dec 17, 2013 7:25 pm
by Ayyubi72
There are two separate distinct requirements
1. Applicant must have lawfully resided in UK for 5 years.
2. Applicant must have held ILR for 12 months preceeding the date of naturalisation application.
Many people will meet both the requirements in 5 years ie they might have obtained ILR after 4 years as HSMP, or under some other category. Many people will fulfill the requirement in 11 years because they gained ILR under 10 years long residence. For some people it might take 20 years as they might have been illegal and then regularised and then gained ILR.
(There are different rules for people married to British Citizens)
Your friend fullfills no.1, but not no.2.
Is she still married?
Posted: Tue Dec 17, 2013 7:49 pm
by saima999
She is still married , she is filing divorce next month as she got ILR on domestic voilence
Posted: Tue Dec 17, 2013 7:56 pm
by Ayyubi72
OK.
She needs to wait 12 months from ILR to apply for naturalisation. This should not be anything to worry about. Naturalisation application is simple straightforward procedure.
1.She will need to pass Life in the UK Test.
2. Have a B1 level english qualification in speaking and listening. If she has a degree that was taught in english, then she meets this requirement. If not, she will have to take a test.
Posted: Tue Dec 17, 2013 7:57 pm
by Ayyubi72
Can mods please move this topic to British Citizenship Section.