Questions about time in the UK in order to naturalize

jillsmetanka, we need to consider the calendar year 2004 in particular .... 5 years ago!

Quite simply, in 2004, when were you in the UK? In particular, given that you are hoping to apply for Naturalisation in the near future, were you in the UK at any time in the months of March and April 2004? If so, dates please.

Hi John,

in 2004 (Jan 1st to Dec 31st) I here all except 42 days, including time in NY getting the FLR in November of that year. Do you need exact dates? It was pretty standard holiday travelling...

jillsmetanka, you don't need to post the exact dates here, but you do need to enter the exact dates ... in the last 5 years ... on to the form AN.

Also, you must ensure that you were physically in the UK exactly 5 years before UKBA receive the form AN.

For example, say you went to France for a short holiday from 1st to 7th April 2004, it would be no good submitting your form AN on this coming Friday, 3rd April 2009. Do note, as regards this particular rule, UKBA have no discretion, and accordingly if this rule is not met, the application will fail.

So jillsmetanka, you must make sure that you know your dates in the UK.

Hmm,

Well I still have all of my paperwork for my first two visas, with all of the stubs and such, so exact dates are not a problem as they (as before) will match the dates in my passport. I was just winging it a bit on here as I need to sort out 07 - 09 dates and places...but as I said this is pretty accurate.

I understand the "exactly 5 years before" bit, you know, to the exact day, but when can I go back to? can I say, use July 1  2003 (even though I didn't get my FLR until November 04) as long as I am here five years to the day later, i.e  July 1 2009? And correct me if I am wrong, but they go by the postmark on the application submission to calculate when the application was submitted.

I am thinking I might want to get an immigration lawyer, a few extra hundred quid to make me feel that much better might be worth it, and to help me fill out all of the paperwork.Although, I didn't use one for the previous two visa's. Do you know of any reasonably priced, reputable ones in London or Surrey?

You can hire a solicitor or just use the Nationality Checking Service offered by your Council: http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/checkingservice/ They'll check it for you.

And you can use anytime that you were subject to immigration control, even time spent as a visitor counts,as long as you can meet the 'in country' days requirements.

Thanks for all of the help guys, it looks like I can try to apply after May 19th (if I pass my life in the UK test that is!), and I am going to use the checking service.

A few other randoms...

*As I will have sent in official copies of my passport and will have the original, will I be able to travel whilst Home Office has my application for naturalization? 6 - 10 months is a long time and I think my partner will be out of the country on assignment. Are there any time restrictions during this period? ( like the 90 days in the last 12 months restriction, etc.)

* I am confused by the paperwork required, as I have seen a few different lists on the internet. To  prove my residency for the last 5 years, do they need the usual pile of bank statement, bills,ticket stubs etc, or will my passports with the FLR, entry stamps and ILR suffice? If I send in 5 years worth of paperwork a lot of it will be redundant...as they already saw all of this stuff the last two times I sent in applications. Should I send in passports AND the paperwork pile just to be safe? I would like to start compiling now if that is the case...

*Has anyone taken the "Life in the UK" test? How difficult is it? (hard to quantify, I understand) I have ordered the study guides and stuff, but am only giving myself 4 weeks to study for it, hopefully that will be enough. (Passed my driving theory on the first go...so I am OK at tests..)

cheerio   

I understand the "exactly 5 years before" bit, you know, to the exact day, but when can I go back to? can I say, use July 1  2003

Well no, your 5-year period is up to the date UKBA in Liverpool receive your Naturalisation application. Clearly you can't go back to that date in 2003 ... because you didn't make your application in July 2008!

Documentation to be submitted with the application? Do read the form AN and the guide AN. Generally speaking you will be surprised just how little documentation you will need to submit with the application. But UKBA will have the ability to check information on the form, such as your NI number, your tax records, thanks to a link to the HMRC computer system, the passport numbers of your referees, etc..

You are allowed to travel outside the UK while the Naturalisation application is considered. But do appreciate that after the "application successful" letter is issued, you only have 3 months to attend your Citizenship Ceremony.

Well no, your 5-year period is up to the date UKBA in Liverpool receive your Naturalisation application. Clearly you can't go back to that date in 2003 ... because you didn't make your application in July 2008!

I said this as I thought "any time under immigration control" was mentioned, and although I was here on a visitors visa in that time, some people are saying that I can use that "visitors" time in the UK toward my 5 year date. I was here exactly 5 years before May 16 2009, just as a visitor, as it was 6 months later when I was granted FLR status. I can maneuver the dates slightly for when I send in my application so that when it hits UKBA I will have been here (as a visitor, albeit,) exactly 5 years previous.

I am really confused...can I use time spent here as a legal visitor or not?

Also, I mentioned documentation as when I got my FLR they asked for, say, 10 docs, but wanted and took 15, didn't mention reference letters at the time, but when I went in they asked for them, and took the two or three I had prepared "just in case" and so on.

Thanks to the helpful posts on this site I was OVER prepared to the max, but the consulate in NY took all of the "extra" stuff without comment and kept it. (or copied it.) I can only think that it was this overabundance of information that helped me get through relatively trouble free.

So now when I read "passports", I rightly or wrongly assume what they actually want is a thick file of paperwork to back my passports up, as well as my actual passports. I am prepared to send whatever, and I realize they can check everything (and am happy for them to!)

cheers-

Well no, your 5-year period is up to the date UKBA in Liverpool receive your Naturalisation application. Clearly you can't go back to that date in 2003 ... because you didn't make your application in July 2008!

I said this as I thought "any time under immigration control" was mentioned, and although I was here on a visitors visa in that time, some people are saying that I can use that "visitors" time in the UK toward my 5 year date. I was here exactly 5 years before May 16 2009, just as a visitor, as it was 6 months later when I was granted FLR status. I can maneuver the dates slightly for when I send in my application so that when it hits UKBA I will have been here (as a visitor, albeit,) exactly 5 years previous.

I am really confused...can I use time spent here as a legal visitor or not?

YES! See what the man, JohnL said himself:

ANY legal time in the UK can count! Even time in the UK as a visitor.

A friend of ours has recently become British. Indeed I signed her form AN, and later her British passport application form. 3 years before UKBA received her Naturalisation application she was in the UK .... on a visitor visa! No problem, of course here in the UK legally.

Accordingly it is from 18.02.09 that you will be able to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

You'll have to read the entire thread to get the details about the dates he mentioned: http://talk.uk-yankee.com/index.php?topic=49828.0 . Good Luck!

Excellent news!!

Now just the dag-blasted 6 month waiting period for the application to wend its way through Immigration...

I doubt it will be 6 months...there have been a few on the board that have gotten responses in about 6 weeks and less. Just have a little positivity and consider how lucky you are to be able to even apply. I have only my spousal visa and have to hope and pray that this new bill won't set me back to square one. I'd love to be in your shoes and have

...the dag-blasted 6 month waiting period for the application to wend its way through Immigration...

Very true...I should count my blessings!

I do have one more niggling concern,


2002 to 2004. I came here on visitors visas, and I know there is sort of an unwritten rule (now I know anyway's...) that you shouldn't be in the UK for more than 6 months out of any one year on a visa of this type. Immigration let me through, and home office later granted me my FLR and ILR... can or will they "re-question" this? I know ignorance is never an excuse...but I have this secret fear that they will deport me or deny my citizenship based on the fact that I spent too much time here in 2003 even though this was examined and allowed when my initial 2 visa's were granted.

in 2002 I was here 2.93 months, in 2003 I was here 7.9 months. I now know I shouldn't have been here for more than 6 months TOTAL in 2003. That puts me at 7 weeks too much or so.

Now I NEVER overstayed my visitors visa's, as I was popping in and out of the country like mad every few weeks, these are cumulite numbers.

Any opinions on this one? It is a weird rule, as I came up against this when applying for the FLR, and the advice given was "You are not supposed to be in the UK for more than 6 months in 1 year." Not : You CAN NOT be in the UK for...

Let me kow if anyone else has run into this... or am I working myself up for nothing?

You're working yourself up for nothing. The 6 in 12 months rule is not really a rule but an advisory, but it's at the discretion of the IO when you entered in that period of time. As long as you never overstayed you really have no issue. Especially if you came and went from the UK during that time and were issued a 6 month stamp each time you entered...really you're stressing over nothing.