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Indefinite Leave to Remain & Naturalisation - Help pleas

Posted: Mon Jan 11, 2010 8:44 pm
by graham834
I need some help please on how best to apply for indefinite leave to remain in the UK followed by Naturalisation.

Brief background: I am a Zimbabwean who is married to a British Citizen. I have been in the UK legally since March 2000 on various different visas's - student, work permit etc. I am currently on a 2-year spouse visa which I obtained in October 2008 and I married my wife in September this year.

My query is how best/quickest way to apply for LTR followed by naturlisation. As I will have been in the UK for 10 years in March this year I am eligible to apply for LTR using the '10 year long residence' category. My query is if I apply for LTR on this basis can I apply straight away for naturalisation or do I have to wait a further 12 months?

Alternatively I can wait until October this year when my 2-year spouse visa expires and then apply for LTR on the basis of my marriage. However can someone please clarify if I will need to wait a further 12 months to apply for naturalisation using this category?

Any help or advice would be much appreciated as I am pulling my hair out and getting nowhere with calling the UK Home Office.

Thanks Amanda

Posted: Mon Jan 11, 2010 11:23 pm
by vinny
Under current laws, after you're granted ILR, under whatever category, you may be eligible to apply for citizenship as a spouse of a British citizen straight away.

Posted: Tue Jan 12, 2010 6:05 pm
by graham834
Thanks for your reply.

So I will not have to wait another 12 months from when I get ILR before I can apply for naturalisation? The only criteria I was concerned about was the 3-year residency requirement for naturalisation. It is not clear if this 3 years has to be as the spouse of a british citizen but it does not specify that in the requirements.

Posted: Tue Jan 12, 2010 6:19 pm
by kindley
graham834 wrote:Thanks for your reply.

So I will not have to wait another 12 months from when I get ILR before I can apply for naturalisation? The only criteria I was concerned about was the 3-year residency requirement for naturalisation. It is not clear if this 3 years has to be as the spouse of a british citizen but it does not specify that in the requirements.
Here is my understanding of the rule: the 3 year Residential Qualification; if you're resident of the UK for 3 years, you're eligible for naturalisation if you have ILR and if you're married to a British Citizen.