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naturalisation

Posted: Fri Dec 16, 2011 2:18 pm
by artipatel
wondering if someone can answer my question, I came into UK in 2007 on a indian passport based on my first marriage to a work permit holder on a spouse visa but the marriage brokedown and he filed for divorce after 3 months, then 8 months later I met my new partner a BC, we applied for certificate of approval which was granted march 2008, then we got married then applied for FLR M which was granted in Oct 2008, we then applied for ILR which was granted on october 2011

My question is can I apply for naturalisation now or do I need to wait a year?

Re: naturalisation

Posted: Fri Dec 16, 2011 2:24 pm
by geriatrix
artipatel wrote:I met my new partner a BC, we applied for certificate of approval which was granted march 2008, then we got married then applied for FLR M which was granted in Oct 2008, we then applied for ILR which was granted on october 2011

My question is can I apply for naturalisation now or do I need to wait a year?
Yes and No.

Posted: Fri Dec 16, 2011 2:27 pm
by artipatel
how do you mean yes and no?

Posted: Fri Dec 16, 2011 2:40 pm
by Jambo
If married to BC, there is no need to wait 1 year after ILR. However, what was your immigration status in the UK 3 years ago? Seems that you did not have a valid visa then.

With regards to the "yes and no" - you asked two questions (with an "OR" between) and got two answers.

Re: naturalisation

Posted: Fri Dec 16, 2011 2:41 pm
by geriatrix
srtipatel wrote:can I apply for naturalisation now or do I need to wait a year?
Two questions and two corresponding answers!!
Click on the link given in the response above.

Posted: Fri Dec 16, 2011 2:42 pm
by geriatrix
Jambo wrote:what was your immigration status in the UK 3 years ago? Seems that you did not have a valid visa then.
artipatel wrote:FLR M which was granted in Oct 2008, we then applied for ILR which was granted on october 2011

Posted: Fri Dec 16, 2011 2:46 pm
by artipatel
ive got my dates mixed up i got flm in oct 2009 and indefinate oct 2011

I had separated but my first spouse visa had a start date of oct 2007 end date oct 2011

where does that leave me?

Posted: Fri Dec 16, 2011 2:56 pm
by geriatrix
artipatel wrote:ive got my dates mixed up i got flm in oct 2009 and indefinate oct 2011
okay. In that case, the issue may be with regards to the period between breakdown in relationship with WP holder to when FLR(M) was granted.

As a dependant of a migrant with temporary leave (e.g.- WP), you should have left UK after your relationship broke down permanently.
Partners of migrants with temporary permission to stay in the UK wrote:If you have temporary permission to stay in this country as the partner of a migrant who also has temporary permission to stay here, you must leave the UK. This is because you will no longer be meeting the requirements of your permission to stay.
That said, in general, a leave remains legal unless leave is curtailed (323) or expires or the person is subject to removal. The fact that you were granted CoA and then FLR(M) seems to suggest that UKBA did not view you as an overstayer/illegal migrant in UK during the period in question.

Unless in a hurry to become a BC, no harm in waiting till October 2012.

Posted: Fri Dec 16, 2011 3:05 pm
by artipatel
ok thanks for the advice I may wait till OCT 2012