Can I apply for Naturalisation?

[functoriality]

Hello All,

I have a question regarding the process of Naturalisation.

Q.1. What does it mean to be free from immigration time restrictions on the day you make your application?

Time I've spent in the U.K.:
Dec 2006 - Visited the U.K for 10 days on a tourist visa
May 2007 - Visited the U.K for a week on a tourist visa.
Aug 2007 - Entered the U.K on a student visa.
Dec 2007 - Received COA for marriage.
Jan 2008 - Married a British citizen in the U.K.

I am still completing a PhD on my student visa, as I wasn't aware of the above Immigration Time Restrictions necessary for Naturalisation. My student visa is valid till January 2011.

Q.1. Is it absolutely necessary for me to apply for
(i) FLR(M), then after two years
(ii) SET(M), and only after that
(iii) Naturalisation?

Q.2. Is there a faster route for either permanent residency or naturalisation, (given that I have been married and living with my husband in the U.K. for more than two years, although on a student visa)?

Thank you very much.

Yours sincerely,

M.D.

[PaperPusher]

Keeping your format

Q1 yes, yes and yes. However there may be changes to this route in future.

Q2 no, what you posted in Q1 is the fastest route.

[PaperPusher]

Oh, just noticed, you have three questions. At the moment you have restrictions on your stay in the UK that cover time, public funds and permission to work. You need to have no restrictions, ie Indefinite leave.

[functoriality]

Thank you very much PaperPusher.

I wish I knew about these rules two years ago. I quite happily thought that I could apply for naturalisation after being married for three years, irrespective of my visa status. I guess it is going to be a long road to naturalisation.

Thanks once again.

[lkpone]

Oh, just noticed, you have three questions. At the moment you have restrictions on your stay in the UK that cover time, public funds and permission to work. You need to have no restrictions, ie Indefinite leave.

Hi

I think you've answered the question that I have, but I just wanted to clarify.

I am a South African citizen and have been in the UK since 15 September 2005, first on a 2-year TWES visa (14 months), then on a student visa (1 year), then as an unmarried partner (1 year) and now as a spouse (almost 4 months so far) - although I haven't yet converted my unmarried partner visa to a spouse's visa as I still have until the end of this year on it, at which stage, I'll then convert and was intending on applying for ILR as a spouse.

My husband is born and bred English.

I recently came across the naturalisation page on UKBA and it gave some conflicting info, so I just wanted to check whether I'm eligible now. It says on the general page that you need to be free of time restrictions on your current visa 'unless you are married to a British citizen', but then on the marriage to a Bristish citizen page for naturalisation, it says that you need to be free of time restrictions, but doesn't go on to explain what that means.

I'm presuming it means that you don't have an expiry date on your visa, but I just wanted to double-check the definition. Does it mean that you need to be on a visa that has NO expiry date at all, or does it mean that you need to be on a visa that doesn't require you to leave the UK at the end of it? Mine is a renewal date of sorts, so I'm presuming I'm not eligible for naturalisation yet, but just want to check, because if by some chance I can now apply for naturalisation based on the amount of time I've been here (5 years in September), that will obviously make things much easier!

Where to from here?

Thanks in advance for any info!!

Lindsay

[MPH80]

In order to apply in any category you must be free of immigration time restrictions at time of application - this means you must have indefinate leave to remain. The difference is that, for a spouse of a BC, you don't have to have held the ILR for a year.

In your case, once you have ILR, and providing the rules haven't changed by then, you should be able to apply for BC as soon as you get the ILR, PROVIDING you were in the UK precisely (to the day) 3 years before you make your application.

Although your visa is going to be effectively a renewal - if you do not qualify at the end then your visa will expire and you will have to leave - don't think of it as a renewal - think of it as obtaining a new visa and treat it with that seriousness.

You do have to make sure your documents are well researched and carefully prepared.

M.

[lkpone]

That's great, thanks so much.

I know it's serious, don't get me wrong, I just meant that it's a 'renewal' in that there shouldn't be any reason for refusal, but I'm very particular about paperwork and will make sure that I have more than enough for my application.

That's news to me that I can apply as soon as I get ILR, so thanks very much for that! I'll qualify for the 3 year rule, as I'll have been here for just over 5 years by then.

Thanks again for your help!

Lindsay