Immigrationboards.com

/Hello everyone and hope this finds you all well.
I have recently been granted ILR visa on 26/02/2021 and would like to apply for British Naturalisation as soon as I possibly can. Having read on the gov website, it says if I am married to a British citizen, I can apply for citizenship immediately without the need of waiting for 12 months.

However, I am so confused of one of the rules that "You must have been physically present in the UK exactly 3 years before the Home Office receives your application. Your application may be rejected if you cannot prove this". Im planning to apply within this month 18/7/2021, means i need to physically be in the UK on 18/7/2018 right? I went back to my country on and off a couple of times during those 3 years due to my family issues including a time i left the uk 26/6/19 and returning on 19/7/2019, will it affect that exact 3 year time window? I would be grateful if someone can please help clarify it for me.
Many thanks
Kim

Yes, you do not have to wait for the 12-month qualifying period in order to apply for naturalisation, given the fact that you're married to a British citizen.

You have the correct information. You cannot apply on 18 July 2021, if you were not physically present on this date in 2018. But as you said, you returned to the UK on 19 July 2018, so the earliest you could apply for your application for naturalisation would be on 20 July 2021. Given the dates, you were away in 2018, your application will be rejected if you apply before 20 July 2021, and the application fees is not refundable.

You must meet the other requirements; including the Life in the UK test, and the English language test.

Good luck!

Thank you for your advice, really helps to clarify the confusion.
I have also had another issue that needs your help and advice please.
On the gov web it says "Time spent in the UK while exempt from immigration control (for example, as a diplomator a member of visiting armed forces) or while in any place of detention (or unlawfully
absent from such a place) does not normally count as residence in the UK for the
purpose of calculating the residential qualifying period. It is usually treated as absence
from the UK".

When I applied for my 2nd round of the 5 year spouse visa route a few years ago, I had a problem with my application which led to a slight delay of being granted the visa extension, during that waiting time my 1st visa did expire which worried me a lot but my solicitor, at that time, assured that my application was being submitted before my 1st visa went expired and in the process of being sorted out so even though my current visa expired it would not affect my immigration status.

I am however now worried once again whether that time gap might be in breach of immigration law and could be treated as unlawful residence and not qualifying for the 3 or 5 year period?
Can anyone please help shed a light for me in this matter?
Thanks & regards
Kim

Travel_master85 wrote: ↑

Tue Jul 13, 2021 10:24 pm

Yes, you do not have to wait for the 12-month qualifying period in order to apply for naturalisation, given the fact that you're married to a British citizen.

You have the correct information. You cannot apply on 18 July 2021, if you were not physically present on this date in 2018. But as you said, you returned to the UK on 19 July 2018, so the earliest you could apply for your application for naturalisation would be on 20 July 2021. Given the dates, you were away in 2018, your application will be rejected if you apply before 20 July 2021, and the application fees is not refundable.

You must meet the other requirements; including the Life in the UK test, and the English language test.

Good luck!

In my understanding if he applies before 18 July when he was present he should be good

Hello everyone, so sorry for troubling all of you again.
Can anyone please help advise me on this matter above of the qualifying period of 3 or 5 years for British citizenship application
Thanks & regards
Kim

Hello everyone, hope you are all good.
Having said that this forum is always of great help to many of us, I have a confusion that need your advices regarding to my application for British Naturalisation.

I have been granted ILR visa based on 5 year spouse visa, Im now in the process of applying for British Naturalisation ( im married to a British citizen).
On the gov web it says "Time spent in the UK while exempt from immigration control or while in any place of detention (or unlawfully absent from such a place) does not normally count as residence in the UK for the
purpose of calculating the residential qualifying period. It is usually treated as absence from the UK".

When I applied for 2nd round of the 5 year spouse visa route years ago, I had a problem with my application which led to a delay of being granted the visa extension, during that waiting time my visa did expire which worried me a lot but my solicitor, at that time, assured that my application was being submitted before my 1st visa went expired and in the process of being sorted out so even though my current visa expired it would not affect my immigration status?

I am however now worried once again whether that period when i was waiting for a renewal and the current visa expired might be in breach of immigration law and could be treated as unlawful residence and not qualifying for the 3 or 5 year period?
Can anyone please help shed a light for me in this matter?
Thanks & regards
Kim

There is no breach if you applied before your first visa expired.

If there was a breach, you would likely not have been granted ilr either.

Thanks a lot for clarifying that matter, CR001 !! Highly appreciated !
Just another small confusion that a residential qualifying period of 3 years (when marrying to a British citizen) is different with this 10 years period below (on the gov guideline document):

Any immigration offences will also be considered as part of
the good character requirement. This includes immigration breaches in the 10 year
period before you apply for naturalisation – see the section on good character.

Thanks & regards
Kim

Yes, they are two separate requirememts