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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Indian citizen in the UK in a civil partnership with

Resolved Question:

I am an Indian citizen in the UK in a civil partnership with a UK national. The Civil partnership was September 2008 and the Leave to Remain based on civil partnership granted in May 2009. In May 2011 I will apply for Indefinite Leave to Remain. I ahve been in the UK for 7 years. When can I apply for British citizenship?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,


THanks for your question.

 

If your ILR is to be obtained by virtue of your civil partnership then you will be able to apply for naturalisation as Uk citizen a further year after you receive ILR. This is due to the residential requirements a civil partner must meet in order to be eligible.

 

THe residential requirements are as follows, you need to:-

  • have been resident in the UK for at least three years ; and
  • have been present in the UK three years before the date of your application; and
  • have not spent more than 270 days outside the UK during the three-year period
  • have not spend more than 90 days outside the UK in the last 12 months of the three-year period
  •  

    Therefore if you meet the above you will be able to apply in May 2012.

     

    Theses are the further requirement you must meet:-

    • you are aged 18 or over
    • you are of sound mind
    • you can communicate in English
    • you have sufficient knowledge of life in the UK
    • you are of good character
    • you are the civil partner of a British citizen

    If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

     

    Kind regards,

     

    Tom

     

     

    Customer: replied 3 years ago.

    At the moment we have a well documented two year period which will satisfy the ILR requirements. He has also been in the UK on Employer sponsored visa 4 years prior to the Civil Partner visa being granted. So cannot the "third year" juse be the year prior to the two which end in May?

     

    If not, can he apply for citizenship based on time in the UK and not based on the fact of being in a civil partnertship? Or does the fact that he is on the two year spouse visa mean the prior years are now owrthless for citizenship purposes?

     

    Thank

    Expert:  Thomas replied 3 years ago.

    Hi,

     

    THanks for your reply.

     

    If he is presently on a civil partner's visa then he must apply on this basis once eligible for ILR. On re-reading your original question though he shall be eligible to apply for naturlisation as soon as he obtains ILR due to his previous (I assume legal) time in the UK provided he otherwise meets the criteria I mentioned in my above answer.

     

    He cannot apply for naturalisation now; he must obtain ILR first and as he is presently on a civil partner's visa the earliest he could do that is in 2011 as you have stated above.

     

    I trust this clarifies, if so please click accept.


    Kind regards,


    Tom

     

     

    Thomas, Solicitor
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    Experience: BA (Hons), PgDip, Practising Solicitor
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