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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
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Hi there I would like to know if Im able to apply for british

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Hi there

I would like to know if I'm able to apply for british citizenship. I've been married since 2008, I got my Leave To Remain in August 2010, do I qualify now for citizenship? Thank you
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

Did you initially arrive on a spouse visa in 2008? if not what visa were you on prior to obtaining indefinite leave to remain?

Kind regards
Customer: replied 3 years ago.

Hi Thank you so much for replying so quick 5 stars for you so far.


 


Yes, I arrived with spouse visa, then after 2 years I got my Leave To Remain, after test and interview.


 

Thank you for your reply.

In this case yes you are able to apply for naturalisation as a British citizen. The immigration rules state the following:

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
• have been present in the United Kingdom three years before the date of your application; and
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
• have not been in breach of the immigration rules at any stage during the three-year period.


Start of the residential qualifying period


The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom

It seems to be that you are eligible to apply for naturalisation. Please see the following link:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

You need to apply using form AN.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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