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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6300
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can i get a British passport if I have leave to remain indefinitely in

Resolved Question:

Can i get a British passport if I have " leave to remain indefinitely"in my American passport? I have lived in the UK since 1971 and am married to an Englishman and have 2 English children. I would like to keep my American passport.

I pay UK taxes.

Many thanks.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Did you obtain your indefinite leave to remain due to your marriage to your wife?

 

How much time have you spent outside the uk in the past 5 years?

 

Tom

Customer: replied 3 years ago.
Dear XXXXX,

Thank you for replying.

I cannot remember whether I got my permanent residency through marriage as it was so long ago. I was already a resident by the time I met my first husband (English,married in 1977 and he died aged 34 in 1983) I continued to live in England and remarried, also to an Englishman in 1987. I have lived here continuously since then, only leaving for normal holidays.

Yours,
Jane
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks.


Have you been outside of the UK in the previous 5 years?


Tom

Customer: replied 3 years ago.
Hi Tom,

I have only been outside the UK for normal holidays. I have never lived anywhere else since 1982.

Jane
Expert:  Thomas replied 3 years ago.

Jane,

 

If you have received Indefinite Leave to Remain then you are eligible to be naturalised as a UK citizen provided you meet the following crtieria :-

  • 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 (this means that you will have to pass the Life in the Uk test, you can find out test providers via the UKBA
  • You must be of good character.
  •  

    In addition to this you must meet the following residential requirements, you must:-

    • been resident in the UK for at least five years 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.

    The 5 year requirement is actually only three if you obtained ILR on the basis of a spouses visa but given the length of time and lack clarity on the basis on which ILR was granted to you I have been prudent and put the normal 5 year requirment.

     

    You would have to apply by using the UKBA's Form AN which is available for download from their website.

     

    If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

    Kind regards,


    Tom

    Thomas, Lawyer
    Category: UK Law
    Satisfied Customers: 6300
    Experience: BA (Hons), PgDip, Practising Solicitor
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