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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I came to UK in december 2007 as a student visitor,

Resolved Question:

Hi there, I came to UK in december 2007 as a student visitor, and then left UK in april 2008. Re-entered in august 2008 as a student and then switched to PSW and currently on Tier 1 general since april 2011. I wish you know when is it possible to apply for naturalization and is ILR needed for naturalization as I would have already spent 6 years in UK in dec 2013. thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m terribly sorry but I’m afraid that I have bad news for you.

In order to be eligible to apply for naturalisation you must be “free from immigration time restrictions”. Please refer to the heading title “immigration time restrictions” on the following link for confirmation:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

This means that you must hold indefinite leave to remain in order to be eligible to apply and must have held it for at least 12 months before you apply for naturalisation..

I am sorry but you do not qualify to apply for ILR at the moment. No time spent in the UK on a visitor’s visa is permitted to count towards time required to apply for ILR. Similarly this is the case with student visas.

Even the time you have spent on your PSW visa does not count towards ILR I regret to say:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/poststudy/settlement/

The only way any of the time on your student visa or PSW would be permitted to count would be if you were applying for ILR on the basis of long residence, for which the time required is 10 years.

As it stands if you wish to apply for ILR and ultimately for naturalisation then you would have to wait until you have reached 5 years on your Tier 1 general visa.

I am sorry,



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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks for your response. What are the conditions for long stay ILR then? I think I would be able to apply the Long Stay ILR only after 2017, but ILR on the basis of Tier1 General on 2016. What do you advise? Thanks.

Expert:  Thomas replied 1 year ago.
Hi,

It's basically that you must have a continuous chain of legal leave to remain in the UK for a period of ten years. Your time on a visitor's visa would not be permitted to count because you left the UK for a considerable period of time.

So, I presume that the earliest that you coudl apply on the basis of long resdence would be August 2018, so it's probable that you will be eligible for ILR under your Tier 1 visa once you have reached 5 years on that..

PLease remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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