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Permanent Residency and then British Citizenship

Posted: Fri Oct 23, 2009 1:37 pm
by kenfrapin
Hi All,

I somehow seemed to have let a few facts slip between the cracks here so need some of you to plonk my head. I know there are plans to change the current residency and citizenship rule but for now assuming there are no changes, my question is

Once I apply for and have my ILR granted, can I then immediately apply for Naturalization which then subsequently allows me to get my British passport?
The current rules on UKBA states
* you are aged 18 or over; and
* you are of sound mind; and
* you intend to continue to live in the United Kingdom, or to continue in crown service, the service of an international organisation of which the United Kingdom is a member, or the service of a company or association established in the United Kingdom; and
* you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
* you have sufficient knowledge of life in the United Kingdom; and
* you are of good character; and
* you meet the residential requirements (these are detailed in full below)

Residential requirements are
* have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
* have been present in the United Kingdom five years before the date of your application; and
* have not spent more than 450 days outside the United Kingdom during the five year period; and
* have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
* have not been in breach of the immigration rules at any stage during the five-year period.


Nowhere does it state there is a MINIMUM waiting period to apply for Naturalization after getting the ILR approved. So have I missed something because I always thought ILR candidates need to wait another year, which means 6 in total, before applying for naturalization.

Cheers
KP

Posted: Fri Oct 23, 2009 1:43 pm
by Wanderer
Immigration time restrictions
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.
ILR is free of immigration control so u need 12 months on that.

Posted: Fri Oct 23, 2009 1:49 pm
by kenfrapin
Thanks Wanderer,

So that's where I lost my way. Though I do my 5 years, the additional 12 months are required for this. Once I get the ILR, spend another 12 months free of immigration control, then I qualify for citizenship

Another question - Once I get my ILR, I know I am free to pursue anything. What if I enrol in a full time course in college within the UK? Any idea if this will be detrimental to applying for citizenship? Not sure if the govt expects me to be working as well when i make my application.

Cheers
KP

Posted: Sat Oct 24, 2009 10:08 am
by f2k
yes there is a time restriction on ILR, its normally for 1 year for workpermit, HSMP etc, if you are married to a british citizen there is no minimum.

once you have ILR you can do 'whatever' you like and it wont have an effect on citizenship. you can certainly study, moreover you will now pay HOME fees

Posted: Sat Oct 24, 2009 10:45 am
by kenfrapin
Thanks f2k,

You have confirmed my thoughts as well :-)

Cheers
KP