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Topic: 5 years for citizenship (partner route)... some questions  (Read 1263 times)

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Re: 5 years for citizenship (partner route)... some questions
« Reply #15 on: January 14, 2018, 04:24:00 PM »
I don't understand. That still make it a "no" to the question-

Or have I missed something?

What I meant was that in theory, there's nothing stopping you using time spent on a visitor or fiance visa to meet the residency requirement for citizenship itself. There's no rule that says you can't do that.

The only thing that prevents it is that you need ILR before you can apply for citizenship and there IS a rule that states you cannot use time on a visitor visa or a fiance visa towards the 5 years for ILR. And because they only count the last 3 years of residency for citizenship, any time on a fiance visa or visitor visa isn't going to be considered anyway because it was too long ago.

So, really the question should have been:

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for ILR?

Not,

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for citizenship?


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Re: 5 years for citizenship (partner route)... some questions
« Reply #16 on: January 14, 2018, 04:42:56 PM »
Those can still be used for the 10 years of lawful stay for ILR, as that allows for a mixture of different types of lawful stay.

But we're not talking about 10 years of lawful stay. This topic is about qualifying for citizenship after 5 years on FLR(M) (if you're married to a UK citizen)... therefore, I answered the question in regards to that.


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Re: 5 years for citizenship (partner route)... some questions
« Reply #17 on: January 15, 2018, 10:08:36 AM »
So, really the question should have been:

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for ILR?

Not,

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for citizenship?

But I meant the question I asked, and you answered it.  I knew my fiancee visa time didn't count toward ILR, but I'm doing ILR 28 days before 5 years on FLR (M), and I wanted to know if I could apply for citizenship during those 28 days (working from the misguided belief that I needed 5 years lawful stay for citizenship as the partner/spouse of a citizen).

So you answered the question I was trying to ask.  It just turned out to be moot because citizenship only takes 3 years plus ILR on my route (but the ILR takes 5, so...).  :)
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: 5 years for citizenship (partner route)... some questions
« Reply #18 on: January 15, 2018, 10:39:11 AM »
So you answered the question I was trying to ask.  It just turned out to be moot because citizenship only takes 3 years plus ILR on my route (but the ILR takes 5, so...).  :)

Yeah - I admit I was confused about why you were asking because I thought you already knew about it only being 3 years for citizenship.

The annoying thing is that the ILR rules have changed but the citizenship rules haven’t - it was 3 years to citizenship before ILR was increased from 2 years to 5 years... but everyone is now forced to wait 5 years to apply for citizenship because of the requirement to hold ILR.

Though even if you were not married to a UK citizen (I.e. you are unmarried partners or you got divorced after applying for ILR), you would have to hold ILR for 12 months before you could apply for citizenship, so that would be 6 years total in the UK, but only the last 5 years count for citizenship.




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Re: 5 years for citizenship (partner route)... some questions
« Reply #19 on: January 15, 2018, 10:59:58 AM »
You can go to any council.
Actually, not every council provides the NCS service.  There are only 6 councils in all of Scotland who do it, for example.  Best to check https://www.gov.uk/government/collections/nationality-checking-service


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Re: 5 years for citizenship (partner route)... some questions
« Reply #20 on: January 15, 2018, 11:47:42 AM »
Actually, not every council provides the NCS service.  There are only 6 councils in all of Scotland who do it, for example.  Best to check https://www.gov.uk/government/collections/nationality-checking-service

I should clarify.  What I meant is that you don't have to go to the closest one.


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Re: 5 years for citizenship (partner route)... some questions
« Reply #21 on: January 15, 2018, 01:15:38 PM »
The annoying thing is that the ILR rules have changed but the citizenship rules haven’t - it was 3 years to citizenship before ILR was increased from 2 years to 5 years... but everyone is now forced to wait 5 years to apply for citizenship because of the requirement to hold ILR.

The new Tier 1 (Entrepreneur) visa could lead to ILR after 3 years and therefore they coud achieve BC in less than 5 years. 

More about that visa on this Barrister's blog
http://www.immigrationbarrister.co.uk/Blog/entrepreneurs/tier-1-entrepreneur-accelerated-settlement-ilr-applications.html

I don't know if that 3 years to ILR remained for that visa after all the T1 changes there have been, but some might still be on that route to citizenship. I'm sure people on those T1E sites would be able to say what changed and when.

It's much easier to extend the ILR time than it is to change a law. Perhaps they might want to bring in another highly skilled visa at some point that allows ILR in less than 5 years? Some countries don't allow settlement and offering a quick route attracts the highly skilled. Some on the highly skilled work visas already say that 5 years to settlement is very quick and that's why they chose the UK.
« Last Edit: January 15, 2018, 01:32:32 PM by Sirius »


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Re: 5 years for citizenship (partner route)... some questions
« Reply #22 on: January 15, 2018, 01:29:21 PM »
The new Tier 1 (Entrepreneur) visa could lead to ILR after 3 years and therefore they coud achieve BC in less than 5 years. 

It’s only 3 years to citizenship if you are married to a UK citizen though. It’s 5 years for everyone else... and you have to hold ILR for at least 12 months first.

So, even if they got ILR in 3 years, they would likely have to spend another 2 years on their ILR to make 5 years in the UK before applying for citizenship.

However, this is where time on a visitor visa or other visa type before the Tier 1 Entrepreneur Visa could come in.

It would still be at least 4 years to BC from the beginning of the Tier 1, but they might not have to wait the full 5 years if their previous visa timing worked out and they could show they met the requirement of being in the U.K. exactly 5 years prior, along with no more than 450 days outside the U.K. in those 5 years.


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