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Hi All,

I would like some help to understand when I can apply. My situation is as follows:

- Workpermit (Dec 2006 - March 2009)
- Tier 1 (March 2009 - March 2012)
- Got married to British Citizen Oct 2010 - While I was on Tier 1
- Applied for ILR Nov 2011 on WP+T1 basis

Do I need to now wait for 1 full year before I can apply for naturalisation since I am married to a British citizen?

-I have noted that 'Requirements for naturalisation if you are married to or the civil partner of a British citizen' residential requirements states that I can apply if I have been in the UK for three years - it does not state under which visa/permit the three years was from the UKBA site guidance.
-I cannot find the time requirement in the guidance. If the applicat has been out of the country for 270 days in the last 3 yrs for work and annual vacation can they still apply for citizenship?

Any help is appreciated.

Regards

The category of leave is irrelevant. "Lawful" stay in UK under any immigration category is fine.
You may apply for naturalisation tomorrow, if you like.

Just make sure that you were present in the UK exactly 3 years ago from the date UKBA receives your naturalisation application. e.g. - if your application is received by UKBA on 18-Nov-11 then you must have been present in the UK on 19-Nov-08.

sushdmehta wrote:The category of leave is irrelevant. "Lawful" stay in UK under any immigration category is fine.
You may apply for naturalisation tomorrow, if you like.

Just make sure that you were present in the UK exactly 5 years ago from the date UKBA receives your naturalisation application. e.g. - if your application is received by UKBA on 18-Nov-11 then you must have been present in the UK on 19-Nov-06.

Great - thanks sushdmehta!

To summarise my understanding - if you are married to a british citizen as soon as your get the ILR - you can apply for naturalisation without any wait - does not matter which visa/category you were on. (Have to be in the country 5 year ago because that was my applicable period)

If you are not married to a british citizen - than a 1 year wait is mandatory.

Thanks again!

ad_ke wrote:If the applicat has been out of the country for 270 days in the last 3 yrs for work and annual vacation can they still apply for citizenship?

All absences count ... irrespective of whether they were due to work related assignments, annual leave or any other personal reason(s).

(Have to be in the country 5 year ago because that was my applicable period)

If applying based on your marriage to British citizen, the residential requirement period is 3 years so you need to make sure you have been physically in the UK 3 years before on the day the HO receives your application.
The total absences allowed in the 3 years is 270 days (slightly higher than that is normally fine) including less than 90 days in the last day. See full list here.

Thanks Jambo, for pointing out my "absolutely silly" mistake. Glad you did that!

Edited.