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Question about British naturalisation requirements.

Question about British naturalisation requirements.

Old Aug 24th 2007, 4:42 pm
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Default Question about British naturalisation requirements.

I've been planning to apply for citizenship since I received my 3 year residence permit in 2004, having previously held a number of 1 year student visas.

It has come to my attention that the new naturalisation requirements state:

3d. in the last 12 months of that five-year period, his or her stay in the United Kingdom was not subject to any time limit under the immigration law.

I have been living and studying in Britain for almost 11 years and am eligible to apply, but I'm not too sure exactly what 3d. is all about.

My residence permit expires in October (in two months time.) Does this mean that I am not eligible as a result? I am assuming that by 3d. they mean that I must have held a permanent residence permit/limited leave to remain for at least a year?

Completely confused about this as I'm sure this has only been introduced this year... Argh...
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Old Aug 24th 2007, 9:42 pm
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Default Re: Question about British naturalisation requirements.

Originally Posted by Jussterr
I've been planning to apply for citizenship since I received my 3 year residence permit in 2004, having previously held a number of 1 year student visas.

It has come to my attention that the new naturalisation requirements state:

3d. in the last 12 months of that five-year period, his or her stay in the United Kingdom was not subject to any time limit under the immigration law.

I have been living and studying in Britain for almost 11 years and am eligible to apply, but I'm not too sure exactly what 3d. is all about.

My residence permit expires in October (in two months time.) Does this mean that I am not eligible as a result? I am assuming that by 3d. they mean that I must have held a permanent residence permit/limited leave to remain for at least a year?
If you are not married to a British citizen you need to have permanent residence for at least a year before you can apply for naturalisation.

If you have been in Britain for 11 years, why did you not apply for Indefinite Leave to Remain after 10 years legal stay?
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Old Aug 25th 2007, 4:34 am
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Default Re: Question about British naturalisation requirements.

I don't think that this has just been intoroduced. Your application will always fail if your stay is illegal or if it has been restricted for any reason. As was sugested, naturalisation follows a five year unrestricted period where you have permanent residency. Provided that you were in the country on the same day five years ago (three if married to a Brit).

Naturalisation does not follow automatically - it has to do with marriage or parental connection and that sort of stuff.
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Old Aug 26th 2007, 2:31 pm
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Default Re: Question about British naturalisation requirements.

Originally Posted by Dago
I don't think that this has just been intoroduced. Your application will always fail if your stay is illegal or if it has been restricted for any reason. As was sugested, naturalisation follows a five year unrestricted period where you have permanent residency. Provided that you were in the country on the same day five years ago (three if married to a Brit).
This is a total misunderstanding of the rules.


Naturalisation does not follow automatically - it has to do with marriage or parental connection and that sort of stuff.
Again - totally wrong - marriage or parental connection is not necessarily a requirement.
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Old Aug 27th 2007, 5:21 am
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Default Re: Question about British naturalisation requirements.

Originally Posted by JAJ
This is a total misunderstanding of the rules.

You use the phrase total mis-understanding. You therefore state that my assertion of an illegal status will automatically fail naturalisation is wrong - I think not. You may get residency during an illegal stay but only under very unusual circumstances and after exhausting virtually ll of the appeals procedures.


Again - totally wrong - marriage or parental connection is not necessarily a requirement.
No, I am not totally wrong - ?I merely point out that the likes of marriage (or other stable relationship - to quote the exact phrase used in the rules ) is the basis for considering the claim together with all the other junk such as references, domicile history and other 'stuff'.

You are very quick to assert that I am totally wrong. In doing so I assume that you are reflecting a preferred status that you are totally right!! Not the case actually - in your very useful note on residency rules your interpretation of tax rules is wrong. But not totally wrong!

But don't worry - I am not superior to you - after all.......
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Old Aug 27th 2007, 11:39 am
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Default Re: Question about British naturalisation requirements.

You are very quick to assert that I am totally wrong. In doing so I assume that you are reflecting a preferred status that you are totally right!! Not the case actually - in your very useful note on residency rules your interpretation of tax rules is wrong. But not totally wrong!
Stick around for 3 seconds and he'll ask you about citizenship
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Old Aug 28th 2007, 1:26 am
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Default Re: Question about British naturalisation requirements.

Originally Posted by Dago
No, I am not totally wrong - ?I merely point out that the likes of marriage (or other stable relationship - to quote the exact phrase used in the rules ) is the basis for considering the claim together with all the other junk such as references, domicile history and other 'stuff'.
The statutory rules on naturalisation are contained in sections 6(1) and 6(2) of the British Nationality Act 1981, which in turn refer to Schedule 1 of the Act.

Section 6(2) is for those who are spouses or civil partners to a British citizen (contrary to what you state above, unmarried partner status is irrelevant for nationality purposes).

Section 6(1) is open to anyone.

"Domicile history" is not a relevant statutory requirement for naturalisation. Nor is "parental connection". And nor, contrary to your earlier post, does the 5 years residence requirement for s6(1) naturalisation, all have to be on an unrestricted basis.

Naturalisation is not refused if the statutory requirements are met. Where the statute allows the Secretary of State to exercise "discretion" there are established policies to be followed and case-workers must observe these.

Don't believe me? It's all in the Nationality Instructions (chapter 18).
http://www.ind.homeoffice.gov.uk/law...ctions/nismenu
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