Anybody can confirm this pls....

[cheesewiz]

My filipina friend said to me that once you completed your 5 years here (workpermit visa) then applied for ILR and granted, you can apply for British citizen right away? I thought 1 year ILR then BC:Erm: my african colleagues said that to me as well bec when she applied for her ILR the PEO told her that she can apply BC that day if she wants, she wants but she got no money anymore after paying £950 for her ILR.

Anybody can confirm this? Thanks

[darren-b]

As far as I know this is not true. It's a year after ILR unless you are married to a British Citizen. From the BIA Website

"You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period."

[cheesewiz]

As far as I know this is not true. It's a year after ILR unless you are married to a British Citizen. From the BIA Website

"You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period."

thanks Darren. My friend just got her ILR last Nov and yesterday at work she said she is going to apply for Brit citizen this Feb after her holiday to Phils. I haven't seen the letter from HO that they gave to her but she said that's what it says there:Erm: I said to her you have to ring the HO and ask about it before applying or else you just waste the money...but it seems she is convinced that she is eligible already base on that letter from HO. I'll ask her for a copy so I can post it here bec even me I don't understand much what on BIA website most of the time.

[joebloggs]

no i don't think so, in your case its 5yrs workpermit,then ilr, and you can apply for citizenship 1 yr after that , so 6yrs in total

maybe your friends are married to brits ?

because its 3yrs for a spouse, 2yrs to ilr then 1 yr after that citizenship.. (so you have been 3yrs in the uk also have ilr)

but say your friend was on a work permit and had been here more than 1 yr, and then she married a Brit, she could apply for ilr after 2 yrs and also citizenship !, because she has been 3yrs or more in the uk. (so you will have been 3yrs or more in the uk also have ilr)

[joebloggs]

thanks Darren. My friend just got her ILR last Nov and yesterday at work she said she is going to apply for Brit citizen this Feb after her holiday to Phils. I haven't seen the letter from HO that they gave to her but she said that's what it says there:Erm: I said to her you have to ring the HO and ask about it before applying or else you just waste the money...but it seems she is convinced that she is eligible already base on that letter from HO. I'll ask her for a copy so I can post it here bec even me I don't understand much what on BIA website most of the time.

Naturalisation after six years in the UK

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalisation:

* You must be aged 18 or over and are not of unsound mind.
* You must be of good character.
* You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
* You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.

* You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
* During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
* During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
* During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
* You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.

The processing times for naturalization applications is currently about six to seven months. If you would like assistance with a naturalisation application made on the basis of having permanent residency, please contact our office on (0)207 842 0800 or complete our online enquiry form for naturalization.

[cheesewiz]

Naturalisation after six years in the UK

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalisation:

* You must be aged 18 or over and are not of unsound mind.
* You must be of good character.
* You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
* You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.

* You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
* During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
* During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
* During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
* You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.

The processing times for naturalization applications is currently about six to seven months. If you would like assistance with a naturalisation application made on the basis of having permanent residency, please contact our office on (0)207 842 0800 or complete our online enquiry form for naturalization.

thanks Joe, she's married to filipino too and got their ILR last Nov 2008. I'll tell her tomorrow to ring the HO. Yesterday she is very excited about it bec she is avoiding this voluntary service law just incase it takes effect soon.

[joebloggs]

thanks Joe, she's married to filipino too and got their ILR last Nov 2008. I'll tell her tomorrow to ring the HO. Yesterday she is very excited about it bec she is avoiding this voluntary service law just incase it takes effect soon.


how many years has she been in the uk ?
if less than 6 then i don't think she can apply for citizenship until shes been in the uk 6yrs.. but yes she should phone the HO and check.. :xxgrinning--00xx3:

[cheesewiz]

no i don't think so, in your case its 5yrs workpermit,then ilr, and you can apply for citizenship 1 yr after that , so 6yrs in total

maybe your friends are married to brits ?

because its 3yrs for a spouse, 2yrs to ilr then 1 yr after that citizenship.. (so you have been 3yrs in the uk also have ilr)

but say your friend was on a work permit and had been here more than 1 yr, and then she married a Brit, she could apply for ilr after 2 yrs and also citizenship !, because she has been 3yrs or more in the uk. (so you will have been 3yrs or more in the uk also have ilr)

how about my filipina friend (actually, we're not that friends) she is married to Brit and got her ILR Nov last year I think. Last xmas I saw her on a party asking me if she can apply for Brit citizen already. Before that she's been here on a work permit (Domestic Helper) before she met her Brit husband. She left her employer then her visa runs out so she's been overstayer here in 2006. So, she went back to Phils and applied a fiancee visa then get married here in UK.

To make the story short, is she qualified to apply as a British citizenship since she's been here for morethan 5 years already just that she's been an overstayer once?

[cheesewiz]

how many years has she been in the uk ?
if less than 6 then i don't think she can apply for citizenship until shes been in the uk 6yrs.. but yes she should phone the HO and check.. :xxgrinning--00xx3:

5 years last Sept 2008 and got her ILR last Nov 2008.

[joebloggs]

5 years last Sept 2008 and got her ILR last Nov 2008.

im pretty certain she cannot apply until sept 2009 then :doh

http://www.bia.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/


Residential requirements

To demonstrate the residential requirements for naturalisation you need to:

* have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
* have been present in the United Kingdom five years before the date of your application; and
* have not spent more than 450 days outside the United Kingdom during the five year period; and
* have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
* have not been in breach of the immigration rules at any stage during the five-year period.

maybe this is where your friends got the 5yrs from ??

but reading further..

immigration time restrictions

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

so you need to have ILR at least a year,

so 5 yrs on a work permit to get ilr, then a further 1 yr = 6 yrs :doh

[cheesewiz]

I'll ask her to show me the letter so i have an idea what's on it. actually, its three of them who have the same arguments bec when they applied for their ILR in person they PEO tell them that they are eligible for Brit citizen:Erm: as far as I know its 6 years too.

may be the PEO needs more money lol

[joebloggs]

may be the PEO needs more money lol

don't we all :rolleyes: :REGamblMoney01HL1:

[darren-b]

how about my filipina friend (actually, we're not that friends) she is married to Brit and got her ILR Nov last year I think. Last xmas I saw her on a party asking me if she can apply for Brit citizen already. Before that she's been here on a work permit (Domestic Helper) before she met her Brit husband. She left her employer then her visa runs out so she's been overstayer here in 2006. So, she went back to Phils and applied a fiancee visa then get married here in UK.

To make the story short, is she qualified to apply as a British citizenship since she's been here for morethan 5 years already just that she's been an overstayer once?

Being in breach of immigration rules will reset her residental qualifying period, and it will start again from the date she returned to the UK on a fiancee visa. Though as she is married to a British citizen she would only have to wait 3 years, not 5 years. I guess she wouldn't be qualified yet, though will be sometime soon.

[darren-b]

im pretty certain she cannot apply until sept 2009 then :doh


Don't you mean November 2009? Which will be 1 year after she got ILR.

[joebloggs]

Don't you mean November 2009? Which will be 1 year after she got ILR.

i dont think so, you need to be in the uk 3 or 6 years to qualify and have ilr .

[darren-b]

i dont think so, you need to be in the uk 3 or 6 years to qualify and have ilr .

My understanding was 3 years as the spouse of a British citizen, 5 years if not. But if not married to a British citizen you have to have been free from immigration time restrictions for the last 12 months (ie ILR plus a year).

So if a 'non-spouse' got ILR in November 2008 they could not apply until at least November 2009 regardless of when they originally came to the UK.

[cheesewiz]

i dont think so, you need to be in the uk 3 or 6 years to qualify and have ilr .


this what the letter says:

This page provides details of the requirements you need to meet for us to naturalise you as a British citizen. If you are married to or a civil partner of a British citizen, the requirements you need to meet are different; you should read the page spouse and civil partner requirements for more details.

You should read the information on this page before you make an application for naturalisation. You will need to pay a fee when you make your application. If you make an application for naturalisation and it is unsuccessful because you are not eligible for naturalisation, we will not refund your fee.

If you meet the requirements for naturalisation you should go to the applying for naturalisation as a British citizen section for details of how to apply.

There are seven requirements you need to meet before you apply:

you are aged 18 or over; and
you are of sound mind; and
you intend to continue to live in the United Kingdom, or to continue in crown service, the service of an international organisation of which the United Kingdom is a member, or the service of a company or association established in the United Kingdom; and
you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
you have sufficient knowledge of life in the United Kingdom; and
you are of good character; and
you meet the residential requirements (these are detailed in full below)
Residential requirements
To demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
have been present in the United Kingdom five years before the date of your application; and
have not spent more than 450 days outside the United Kingdom during the five year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
have not been in breach of the immigration rules at any stage during the five-year period.
Start of the residential qualifying period
The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2000.

Im confused now as well with this 5 year period:Erm:

[darren-b]

Is that the whole letter? As further down I would expect it to say

Immigration time restrictions
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.


The same as on here (http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/)

[benb]

As far as I know, based on my friend's applications, one would have to wait at least 12 months after ILR to qualify for Naturalisation. You would likely loose your application fee if you submit too early.

Also, the link pointed out by Darren states that firmly too.

However it also states, "There is discretion to allow applications from people who do not meet this requirement. For details of how we apply discretion, you should read the page on discretion to regard immigration time restrictions during the last 12 months."

I do not know what the special cases are - likely marriage to a British.

[darren-b]

As far as I know, based on my friend's applications, one would have to wait at least 12 months after ILR to qualify for Naturalisation. You would likely loose your application fee if you submit too early.

Also, the link pointed out by Darren states that firmly too.

However it also states, "There is discretion to allow applications from people who do not meet this requirement. For details of how we apply discretion, you should read the page on discretion to regard immigration time restrictions during the last 12 months."

I do not know what the special cases are - likely marriage to a British.

Marriage to a British Citizen is not a special case, there are additional rules specified here (http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/)to say you only have to be free of immigration time restrictions on the day you apply. (When my wife applied she had her ILR for a lot less than a year.)

The cases where discretion could be used are here (http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/immigrationtimerestrictions/). Amongst other things you need compelling business or compassionate reasons to apply when you've had ILR for less than 9 months. Less requirements are needed to be met if you've had ILR for more than 9 months, though I'm not sure I'd risk the £655 for the sake of a couple of months. Especially when there's no guarantees how long your application would take anyway as there is no same day service. (The website says 6 to 7 months and some applications take over a year, though the last person I know to apply took about 3 months.)

[joebloggs]

So if a 'non-spouse' got ILR in November 2008 they could not apply until at least November 2009 regardless of when they originally came to the UK.

yes your right about the nov 2009 date, as stated in the bold text i pasted, one year free from immigration control for non spouse apps.

not so sure for a spouse thou, i'm sure i have read of people who came on a work permit, and had spent at least a year legally in the uk, and then changed to a spouse visa after marrying a brit, then after 2yrs got ILR and were then able to apply straight away for citizenship.(3yrs in the uk)

while for most on here, to get 3 years would be 2 years on a spouse, then 1yr ILR.

[darren-b]

yes your right about the nov 2009 date, as stated in the bold text i pasted, one year free from immigration control for non spouse apps.

not so sure for a spouse thou, i'm sure i have read of people who came on a work permit, and had spent at least a year legally in the uk, and then changed to a spouse visa after marrying a brit, then after 2yrs got ILR and were then able to apply straight away for citizenship.(3yrs in the uk)

while for most on here, to get 3 years would be 2 years on a spouse, then 1yr ILR.

Yup, to apply as a spouse you don't actually have to have been married for the whole of the 3 year qualifying period.

Not sure what the split is on here between fiancee and spouse visas, but anyone who came here on a fiancee visa may only wait for as a little as 6 months after they get ILR.