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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1943
Experience:  I am a qualified solicitor and an expert in UK law.
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I have lived in the UK for eight years, six of those on a student

Resolved Question:

I have lived in the UK for eight years, six of those on a student visa. In January 2010 my student visa ran out and was not renewed. I returned home to Iran for 3 months. In May 2010 I returned to the UK on a spouse visa, having married my long term girlfriend who is a UK citizen. For the past two years I have lived and worked here, with my wife, and was granted Indefinite Leave to Remain last month. I am not clear as to whether, having lived in this country for 8 years, been married to a UK citizen for 2 years, and having just been granted Indefinite Leave, I can now apply for UK Citizenship, or whether I have to wait for another year.

I would be grateful if you could clarify my status for me, as I am keen to apply for citizenship as soon as possible.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.
You will have to wait until you have been resident in the uk for 3 years. This is because in the 3 months you were not in the uk you did not have any leave to remain, therefore that time can not count towards residency for the purpose of naturalisation. Had you remained in the uk and had valid leave then this period could have counted towards naturalisation.
I hope this answers your question if so kindly leave positive feedback so I can get credited for my time. Kind regards
Customer: replied 1 year ago.
Sorry - it's still not clear. At what stage did I become 'resident'? Is it from when I was granted indefinite leave? If this is the case, would I have to wait for 3 years from last month when it was granted, even though I have been living here married to a UK citizen for 2 years. Or did I become 'resident' with my spouse visa, in which case I would only have to wait another year?
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Just to clarify you will have to wait a year after obtaining indefinite leave to remain before you will become eligible to apply for British citizenship.

I hope this clarifies the situation.

Kind regards.
Customer: replied 1 year ago.
Yes - thank you.
Expert:  UK_Lawyer replied 1 year ago.
It's a pleasure.

Kindly rate my answer so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.
Just another quick query - had I not gone back to Iran, would I have been eligible for citizenship based on my 6 years of student visa?
Expert:  UK_Lawyer replied 1 year ago.
Had you not gone back to Iran you would have qualified for citizenship as soon as you obtained indefinite leave to remain.

I hope this answers your question if so kindly rate my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 1943
Experience: I am a qualified solicitor and an expert in UK law.
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