Naturalisation Question

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Old 4th July 2019, 10:39 PM
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Question Naturalisation Question

Hello All-

I just read the guidance notes for applying for Naturalization. I was ready to apply starting tonight but the guidance notes say in addition to being granted ILR I need to have been in the UK for 5 years. I applied for ILR at the 28 day before my arrival in the UK, so that would mean I need to wait another 17 days? (My 5th year anniversary of arrival).

So in addition to being granted ILR I still need to wait? Additionally, on the Naturalisation online application, it asks "Have you been in the UK for 5 years?"
Does anyone have any experience in this situation? If not it sounds as if I need to wait a few more weeks.

Any help appreciated.

Thanks!

TD


Last edited by Touchline Dad; 4th July 2019 at 10:53 PM.
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Old 5th July 2019, 05:56 AM
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Yes, you have to wait... according to the GOV.UK website guidance, you have to prove that you were in the UK exactly 5 years before the day that the receive your application.

Since they’re known to be exceedingly strict about the 2 year cohabitation requirement for an Unmarried Partner Visa, I would expect that they will be equally as strict (if not more so) in regards to the rules and regs surrounding naturalisation.

The fee isn’t going to increase in the next 3 weeks and you’re basically a citizen now (albeit without a passport or the right to vote), so a few weeks R&R won’t hurt... it’ll give you some time to enjoy the nice weather (Happy belated 4th of July, btw) and get all of your docs in order without having to rush around to meet an application deadline.

Congratulations on making it this far... the perpetual visa related blood letting will soon be coming to an end!

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Old 5th July 2019, 06:40 AM
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WCC-

Thanks for the answer and kind words. Obviously a few more days isn't a big deal, and like ILR I have started the application online. I just came up against that requirement twice in the process and wanted to make sure.

As always many thanks for your help.

TD

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Old 5th July 2019, 08:13 AM
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Quote:
Originally Posted by WestCoastCanadianGirl View Post
you have to prove that you were in the UK exactly 5 years before the day that the receive your application.
It's actually only 3 years, Touchline Dad is married to a British citizen - There's separate guidance for that case:

https://www.gov.uk/apply-citizenship-spouse

Edited to add: So TD, you can indeed apply now, because you have ILR and proof of residence in the UK over the last 3 years
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Old 5th July 2019, 10:58 AM
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Aye, I stand corrected... it's been a while since I've had a good look at the rules.

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Old 5th July 2019, 12:57 PM
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WCC and Clever O-

No worries WCC, you have been a tremendous help. Thanks for the clarification Clever
Octopus!

That being said, I went back into my account and when it asked if I had lived in the UK for 5 years I checked NO. It then asked for my address in the US.
I really don't want to create any confusion so I'm going to wait the 15 days or so. Honestly it will take that long to have dinner (and a glass of wine) with
my referees to thank them for vouching for me.

I have a question about the English Language requirement: I am under the impression that since I am from a predominantly English speaking country the requirement was waived. When filling out that section, there is no default answer about an English speaking country. I do however have a BA in English years ago but heaven only knows where my diploma (proof) is which the application asks for. My gut feeling is to say no, I don't have a degree and then assume when I am
able to upload documents my US Passport will be proof I am from a predominantly English speaking country.

Any ideas?

Thanks everyone-

TD


Last edited by Touchline Dad; 5th July 2019 at 01:14 PM. Reason: Additional information
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Old 5th July 2019, 05:17 PM
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Hokay... this one I know that I can definitely help you with.

As the holder of a United States of America passport, you are exempt from the English Language requirement. ETA: just indicate somehow that you've met the English language proficiency requirement and leave it at that... your passport will speak for itself.

The official list of "exempt" countries can be found here.

Random factoid; Whilst Canadian passport holders are exempt from having to prove one's English ability, a degree obtained at a university in Canada does not exempt the degree holder from the English language requirement i.e. if I were from Japan and did an English Literature degree at the University of British Columbia, I would still have to prove that I had a B1 level of English proficiency
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Old 10th July 2019, 11:32 AM
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Good Luck.
You need to have physicallybeen in the UK on this exact day 3 years ago- so if submitting your application on august 1st 2019, you must have been in the UK on aug 1st 2016. Apparently, this is one of the most common mistakes. So consult your 'out of the country' dates to make sure!

I also ran up against an unexpected delay with the biometrics appointment- there were none near to me for a couple of weeks, and the cost of some were over 100. Seems a bit much after the 1350 application fee. Good news, though, the citizenship ceremony is free, at least in Swansea.

Another new twist this year is that you cannot apply for the UK passport at the same time as the nationality, adding yet more admin and waiting time. Honestly, it was much more sensible when both were issued together.

Yes, American passport holders are exempt from the English test. I was also exempt from the Life in the UK test, as over age 65!
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Old 10th July 2019, 08:11 PM
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Quote:
Originally Posted by Touchline Dad View Post
Hello All-

I just read the guidance notes for applying for Naturalization. I was ready to apply starting tonight but the guidance notes say in addition to being granted ILR I need to have been in the UK for 5 years. I applied for ILR at the 28 day before my arrival in the UK, so that would mean I need to wait another 17 days? (My 5th year anniversary of arrival).

So in addition to being granted ILR I still need to wait? Additionally, on the Naturalisation online application, it asks "Have you been in the UK for 5 years?"
Does anyone have any experience in this situation? If not it sounds as if I need to wait a few more weeks.

Any help appreciated.

Thanks!

TD
Sorry to hijack the thread! Just a quick question regarding your ILR application...

You mentioned applying for your ILR at the 28 days before your arrival in the UK (i.e. 28 days before you had spent 5 full years in the UK) which is exactly what we are planning to do over the next week or so. Did you indicate that you had been in the UK for 4 years and 11 months on the application form?

I am just worried that given my partner's current visa does not expire for another 3 months, they may refuse our application on those grounds although we will be applying only 28 days before her 5 year anniversary of arriving in the UK.

Thanks

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Old 12th July 2019, 12:54 PM
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Quote:
Originally Posted by judicious View Post
Sorry to hijack the thread! Just a quick question regarding your ILR application...

You mentioned applying for your ILR at the 28 days before your arrival in the UK (i.e. 28 days before you had spent 5 full years in the UK) which is exactly what we are planning to do over the next week or so. Did you indicate that you had been in the UK for 4 years and 11 months on the application form?

I am just worried that given my partner's current visa does not expire for another 3 months, they may refuse our application on those grounds although we will be applying only 28 days before her 5 year anniversary of arriving in the UK.

Thanks

I had exactly the same concerns. I answered just as you suggested: "4 years 11 months"
That is the correct answer. You CAN apply 28 days before your 5 year anniversary of arrival in the UK provided that the status of your Visa didn't change: i.e. Fiance to Spouse Visa, regardless of the expiration of your Biometric Residence Permit.

Good Luck-

TD
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