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Topic: residency requirements  (Read 2082 times)

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residency requirements
« on: September 05, 2009, 10:19:06 PM »
How long after applying for a visa can you get citizenship?  How long after that do you have to be a citizen to receive resident tuition?  Also, if our daughter stays in the states to finish her undergrad degree as a minor and we move to the UK and establish citizenship during that time and continue to claim her as our dependent, does her eligibility for residency begin with our move or when she's actually in the U.K?  Sorry for the abstract questions but we're an abstract family.
It is dangerous to be right when the government is wrong - Voltaire


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Re: residency requirements
« Reply #1 on: September 05, 2009, 10:39:57 PM »
How long after applying for a visa can you get citizenship?

It depends on the visa and also on when you got/get the visa - under current rules, if you are on a family visa (spouse or child dependent of a UK citizen) you can apply for citizenship after 3 years in the UK (2 years on visa plus 1 year on permanent residence). If you are on a work visa/work dependent visa, it takes 6 years to get citizenship (5 years on visa, 1 year on permanent residence). Time spent in the UK on a student visa does not qualify for citizenship at all and so it is not possible to gain citizenship if you are a student unless you transfer to another visa (marriage to UK citizen or work visa) and complete the required time for that visa or you remain in the UK legally on other visas for at least 10 years (I think - not sure if the last option is still allowed).

However, the citizenship rules are changing soon and it could take 5 years or more for anyone to get citizenship from 2011 (the exact rules have not been officially decided by the government, so at the moment, we don't know for sure how long it will take to get citizenship in the future).

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How long after that do you have to be a citizen to receive resident tuition?

You don't have to be a citizen to receive resident tuition. However, you do need to have been resident in the UK for at least 3 years AND hold permanent residence in order to receive it.


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Also, if our daughter stays in the states to finish her undergrad degree as a minor and we move to the UK and establish citizenship during that time and continue to claim her as our dependent, does her eligibility for residency begin with our move or when she's actually in the U.K?  Sorry for the abstract questions but we're an abstract family.

Your daughter can only move to the UK with you or after you as a dependent if she is under 18 and financially dependent on you. Once she is over 18, there is very little chance that she will qualify to join you as a dependent. Her eligibility time for residency/citizenship does not begin until the day she physically sets foot in the UK with a valid visa.


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Re: residency requirements
« Reply #2 on: September 06, 2009, 06:18:34 AM »
You don't have to be a citizen to receive resident tuition. However, you do need to have been resident in the UK for at least 3 years AND hold permanent residence in order to receive it.

Just to add, you can receive eligibility for home fees if you are a EEA or Swiss national. Meaning that you have been resident (for three years) and a citizen of one of the following countries: Austria, Belgium, Bulgaria, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Iceland, Liechtenstein and Norway are EEA member states, but they are not members of the European Union (EU). Swiss nationals are not EEA nationals, are not EU citizens, but they qualify for home fees.

To qualify for home fees, your daughter would have to be 'ordinarily resident' in the UK.

Look on http://www.ukcosa.org.uk/student/fees_student_support.php for more information about qualifying for home fees and whether or not you have to pay international fees.

« Last Edit: September 06, 2009, 06:23:12 AM by rynn_aka_rae »
09/29/09--Visa Approved!
10/05/09--Leave for the UK!!!
06/15/12--Back in the US indefinitely...


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Re: residency requirements
« Reply #3 on: September 06, 2009, 07:35:37 AM »
Time spent in the UK on a student visa does not qualify for citizenship at all and so it is not possible to gain citizenship if you are a student unless you transfer to another visa (marriage to UK citizen or work visa) and complete the required time for that visa or you remain in the UK legally on other visas for at least 10 years (I think - not sure if the last option is still allowed.


Actually, if you enter as a student and then switch to marriage or work, that time as a student does count towards citizenship (don't know if that's set to change, but that's the way it works now).  For instance, I was here as a student for two years, got a COA, got married and applied for a spouse visa.  I now have ILR (Indefinite Leave to Remain, which is permanent residency), and the day I received ILR I was eligible to apply for citizenship because I had then been in the country for more than three years.  That's my own particular situation, it may vary for others, but the student visa definitely counts towards me being able to apply for citizenship...

I believe under current rules, you'd need to be on a student visa (or a number of them!) for 10 years in order to be eligible for ILR.  Don't know when, from there, one would be eligible to naturalise.
UK resident since 2005, UK citizen as of 2010 due to female British parent.


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Re: residency requirements
« Reply #4 on: September 06, 2009, 07:47:53 AM »
Actually, if you enter as a student and then switch to marriage or work, that time as a student does count towards citizenship (don't know if that's set to change, but that's the way it works now).  For instance, I was here as a student for two years, got a COA, got married and applied for a spouse visa.  I now have ILR (Indefinite Leave to Remain, which is permanent residency), and the day I received ILR I was eligible to apply for citizenship because I had then been in the country for more than three years.  That's my own particular situation, it may vary for others, but the student visa definitely counts towards me being able to apply for citizenship...

Ah, okay, I'd forgotten that part - thanks for clarifying :).


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Re: residency requirements
« Reply #5 on: September 06, 2009, 08:18:35 AM »
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Actually, if you enter as a student and then switch to marriage or work, that time as a student does count towards citizenship (don't know if that's set to change, but that's the way it works now).  For instance, I was here as a student for two years, got a COA, got married and applied for a spouse visa.  I now have ILR (Indefinite Leave to Remain, which is permanent residency), and the day I received ILR I was eligible to apply for citizenship because I had then been in the country for more than three years.  That's my own particular situation, it may vary for others, but the student visa definitely counts towards me being able to apply for citizenship...

Sorry if a bit off topic but how long did you have the spouse visa before you could apply for ILR?


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Re: residency requirements
« Reply #6 on: September 06, 2009, 08:56:56 AM »
That's two years, no matter what. 

It's just that, as a spouse (under current rules), one must be here for three years and have ILR before applying for naturalisation.  My own personal situation, after two years on a student visa and then two years on a spouse visa meant that I was eligible to naturalise the day I received my ILR. 

UK resident since 2005, UK citizen as of 2010 due to female British parent.


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Re: residency requirements
« Reply #7 on: September 08, 2009, 02:27:35 PM »
You don't have to be a citizen to receive resident tuition. However, you do need to have been resident in the UK for at least 3 years AND hold permanent residence in order to receive it.
A common fallacy.  Most categories of home fee payer do not require ILR.

Under the "EU nationals and family" category, the non-settled family member of a British national pays home fees if they have been in the UK for the required 3 years before the first day of the first academic year, not primarily for education.  This benefits, for example, someone who switched from a work status to spouse leave, but who has not yet got ILR.
« Last Edit: September 08, 2009, 02:30:56 PM by sah10406 »


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