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UK-Justice
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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if you have been granted discretionary leave to remain for

Resolved Question:

if you have been granted discretionary leave to remain for 3 years because you previously breached your visa conditions even though you are a parthner of a british citizen for over 8years how can you get settlement as a british citizen?
Submitted: 5 years ago.
Category: UK Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

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.

Therefore your 5 years from the time you did not breach your conditions. If you have done 3 years you need to do another 2.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
are you saying 5 years from when granted the discretionary leave to remain?
Expert:  UK-Justice replied 5 years ago.
Yes.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.

so the category cannot change as you are living with someone ie parthner with children?

Expert:  UK-Justice replied 5 years ago.
Correct.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
what is correct
Expert:  UK-Justice replied 5 years ago.
You can apply for 5 years from the date you were granted that leave.

And the status does not change just because of partner/spouse.

The same residential requirements still apply.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.
Thanks. Have a great day.
Expert:  UK-Justice replied 5 years ago.
Welcome

Please press accept.



Please remember to click accept so that I am credited for my time. Thank you.
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