5-Year Residency Requirement for UK Naturalisation

[Rofmr]

Hi, I have a question regarding the 5-year residency requirement for UK naturalisation. I’ve been in the UK since December 2019:

Dec 2019 to May 2020: Tourist visa

May 2020 to Aug 2020: Visa extension due to COVID

Sept 2020 to Apr 2024: Global Talent Visa (applied for and granted while in the UK)

April 2024: ILR

Given this timeline, should I apply for naturalisation in April 2025 or September 2025? Thanks!

[contorted_svy]

How you got ILR is not important, all that matters is that your stay was lawful for the whole time and that you lived in the UK for 5 years. You may want to elaborate on the fact you arrived on a tourist visa and how your extensions were granted due to COVID rules at the time. You can apply in April 2025.

[Rofmr]

How you got ILR is not important, all that matters is that your stay was lawful for the whole time and that you lived in the UK for 5 years. You may want to elaborate on the fact you arrived on a tourist visa and how your extensions were granted due to COVID rules at the time. You can apply in April 2025.

Thanks for your reply! I was a bit confused because I thought my 5-year residency started from when I got my Global Talent Visa in September 2020. I appreciate the clarification that my entire lawful stay counts.

Would you recommend including a cover letter to explain my initial stay on a tourist visa and the COVID-related extensions, or is it unnecessary as long as all my documents are in order?

[contorted_svy]

As your circumstances were slightly different due to the pandemic I would spend the time on a cover letter.

[Rofmr]

As your circumstances were slightly different due to the pandemic I would spend the time on a cover letter.

Thank you for your response! I’m currently drafting a cover letter and wanted to confirm my understanding of the July 2024 guidance. According to page 9 of the Forms Guide, lawful residence from the date of first arrival with a view to staying in the UK long-term is required:

https://assets.publishing.service.gov.u ... pdf#page=9

While I originally entered as a visitor, the Home Office's exceptional pandemic-related policies effectively allowed me to remain lawfully and continuously, with the intention to settle long-term. I'm hoping this will be considered in line with the guidance.

[contorted_svy]

This circumstance is slightly unusual and I don't recall seeing any cases like yours if I am honest. To avoid headaches you could apply in September. As you arrived here on a visitor visa I don't know how you would argue that your intention was to settle. So your stay was lawful but you didn't arrive with an intention to settle (because you were only granted a visitor visa). This point in the guidance about "intention to settle" is a detail I hadn't picked up on.

[Rofmr]

This circumstance is slightly unusual and I don't recall seeing any cases like yours if I am honest. To avoid headaches you could apply in September. As you arrived here on a visitor visa I don't know how you would argue that your intention was to settle. So your stay was lawful but you didn't arrive with an intention to settle (because you were only granted a visitor visa). This point in the guidance about "intention to settle" is a detail I hadn't picked up on.

You're right it is a bit unusual, and the safest option would be September. However, the exceptional circumstances of the COVID-19 pandemic did provide flexibility for people on visitor visas to apply for leave to remain, with a potential pathway to settlement. Regarding the intention to settle, I understand that visitor visas don’t typically imply an intention to stay long-term. But the circumstances were different due to COVID, which created an exceptional situation.

[contorted_svy]

I am not disagreeing with your reading and I am sure other people will find themselves in a similar situation. I am only suggesting given the wording of the guidance that the safer option is to postpone applying to Septmeber, only a few months away.

[Ticktack]

It's a lot of money to gamble on technicalities. We can only advise as already said by @contorted_svy. OP is free to do what they feel best.

We all just might learn something from this anomaly.