How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Awan-Legal Your Own Question

Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Type Your UK Immigration Law Question Here...
Awan-Legal is online now
A new question is answered every 9 seconds

Residential qualifying period

Customer Question

I have been in the UK as a Student (on student visa) for the past 5 years, last year i had to claim Asylum while i still had visa on my passport and my application was accepted withing 2 weeks. Now if i want to apply for UK citizenship, can i consider my 4 years stay in the Kingdom (Before i apply for Asylum) as residential qualifying period? Thank you
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : When were you granted asylum? Have you applied for indefinite leave yet?
Customer:

A year ago, but i have not applied for indefinite leave. Can i do that?

Awan-Legal :

You cannot apply for indefinite leave to remain until the end of your refugee status which will be just before the expiry of the four years granted, so you will have to wait a further three years for this. Did you apply for asylum while you still had a valid student visa?

Awan-Legal :

The requirements are as follows if you are not married to a British national:

Customer:

Yes i had 2 years of my student visa left, and i was given a 5 years limited remain, so i have 4 more years to go.

Awan-Legal :

There are seven requirements you need to meet before you apply:



  • You must be aged 18 or over.

  • You must be of sound mind.

  • You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.

  • You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.

  • You must have sufficient knowledge of life in the UK.

  • You must be of good character.

  • You must meet the residential requirements (see below).


Residential requirements


To demonstrate the residential requirements for naturalisation, you must have:



  • been resident in the UK for at least five years (this is known as the residential qualifying period); and

  • been present in the UK five years before the date of your application; and

  • not spent more than 450 days outside the UK during the five-year period; and

  • not spent more than 90 days outside the UK in the last 12 months of the five-year period; and

  • not been in breach of the Immigration Rules at any stage during the five-year period.

Customer:

"Did you apply for asylum while you still had a valid student visa?"

Customer:

Does this make a difference?

Awan-Legal :

You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period. Therefore, you will need to have held indefinite leave to remain for at least one year before you can apply for British naturalisation.

Awan-Legal :

This would only make a difference if you were to marry a British national prior to being eligible to apply for indefinite leave to remain on your asylum status. This is because you could rely on the student visa period together with your current status to apply for British citizenship - but only if you were granted indefinite leave through your spouse application. Basically it would mean switching from your asylum status to a spouse visa for two years and then applying for indefinite leave to remain. This is just another option if you were in a relationship with a British national who you wish to marry. However, at present, you would need to wait one further year after holding indefinite leave before you can apply.

Awan-Legal :

Therefore, in another five years (ie after four years you can apply for indefinite).

Awan-Legal :

please let me know if you have any further questions, in the meantime please click accept on my answer above.

Customer:

if i was to get marry now, how long would it take to get indefinite leave? is it immediate after marriage? this is my last question

Customer:

Sorry i got it, i need 2 more year to get indefinite, and then i have to wait one year to apply for citizenship

Customer:

together 3 years, if i got married

Awan-Legal :

that's ok, I am happy to help. If you are in a relationship or have been living with your partner for two years with documents to prove that you have been living together, you would be entitled to apply for a spouse visa. This would be valid for two years and you could apply for indefinite leave just before this expires. You would therefore only need to wait around two years as you can apply immediately for British naturalisation once you have indefinite leave through a spouse. You would not need to wait a further year if you married a British spouse.

Awan-Legal :

One year with indefinite leave is only if you are not applying on the basis of marriage to a British spouse.

Customer:

Thank you

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience