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ILR application/life in the UK/Citizenship

Discussion in 'UK Visa and Immigration Help' started by Elaine, Mar 7, 2020.

  1. Elaine
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    Elaine Member

    Hi all
    Sorry to bother, Im sure one of you just recently had her ILR/Citizenship. My situation is I came here Oct. 2015 and the expiry date on my BRP(FLR) is April 2021. When should I apply for ILR and citizenship? The website is somehow confusing. It says you dont need to wait to apply a year after your ILR if you married a British citizen but there's a note as well that you have to wait a year after ILR has been approved before you apply citizenship.
    I know I have to take Life in the UK test before I apply ILR. Is it difficult? Is it only multiple choice?
    Should I apply ILR before October this year? As far as I know applying through post would take 6 months for them decide?
    Please advise. Thanks in advance
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    hi
    you are on the same timeline as my wife! She arrived October 2015 and her BRP expires April 2021.
    You can apply anytime between 28 days prior to your 5 years of landing in the UK and the expiry of your BRP(April 2021)
    You do not apply by post it is all done on line and at a biometrics centre,your immigration status remains the same while you wait for a decision

    Overseas Spouses of British Citizens can apply for British Citizenship immediately after being granted ILR / Permanent Residency and DO NOT need to wait for an additional 12 months before making a Naturalisation application to the Home Office.

    this link may help on the British test
    https://lifeintheuktestweb.co.uk/test-24/
  3. Elaine
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    Elaine Member

    Thanks Matt. Sorry, I meant pretty much same procedure as FLR to have biometrics done and app online. Ridiculous price though, 2k+ for ILR and another 1k+ for citizenship within a year.
    Hope you don't mind but which month do you both plan on applying for ILR?
  4. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The wife and daughter will apply for ILR in October 2020 then citizenship in January 2021 ready for holiday bookings with a British passport.
    Although a quick read of the rules suggest that her daughter may have to wait 12 months from getting ILR to applying for citizenship unless she carries her dependant status through!
  5. Elaine
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    Elaine Member


    Hi Mattecube,
    Quick query, did your wife take Life in the UK test or not yet? Don't know what's the status of submitting documents to them due to lockdown, whether they'll move schedules of applications. Do we still have to take English test again? Mine was taken Feb 2018, so if English test is only valid for 2 yrs, mine is expired if I have to submit it in October.
  6. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Hi, my wife has not done the Life in the UK yet,but we will be looking to do it as soon as restrictions are lifted. Are you able to upload your own documents? What English level test did you last take if A2 then yes you need B1 if you have taken and passed B1 this does not expire.
  7. Elaine
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    Elaine Member

    Hello,
    I haven't tried uploading my documents yet, still plenty of time. This visa is quite expensive. I took B1 life skills English test. Thank you, that's a relief that I don't need to take again. I can't find an official website/ link somewhere about the expiry date of B1 though. To cut all these short, the only requirement for ILR is to take Life in the UK test, payment and docs right? As long as English test is B1?
    I try to read as much as I can about it. I'm getting fed up reading a lot of things in Life in the UK test handbook.
  8. gigi
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    gigi New Member

    Hello, I am on the process of applying for naturalisation together with my daughter who is 14. Do we/she need to wait for a year to apply for it after getting ILR which were granted March 2020? I am aware her case would be Registration instead of Naturalisation.
    Thank you, hoping for any help.
  9. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Why do you think its Registration as opposed to Naturalisation?

    However I have started to look at this as this is the next stage for my wife and daughter, as I understand it the rules are this:-

    Yourself if you are married to a Brit and have ILR you can apply for British citizenship straight away.

    Your daughter has got ILR so the rules are that she needs to be in the UK for 5 years to apply for citizenship or she can apply 1 year after she got ILR.(which ever is sooner)

    https://www.gov.uk/apply-citizenship-indefinite-leave-to-remain
    Last edited: Mar 20, 2021
  10. bigmac
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    bigmac Well-Known Member Trusted Member


    Yourself if you are a Brit and have ILR you can apply for British citizenship straight away.

    ?
    is that a typo ?
  11. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Oops should read , yourself if you are married to a Brit etc
    Amended
    Last edited: Mar 20, 2021
  12. Br28016
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    Br28016 Active Member Trusted Member

    Different rules apply to minors and I believe that registration is only option for a minor. If over 18 then have to down the naturalisation route.

    https://www.gov.uk/government/publications/children-nationality-policy-guidance

    Reading the guidance think you have to do registration as part of application for parent citizenship.

    Scanning through registration does not seem to have the minimum time in UK requirement although expected to have been here for about two years.
  13. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Cheers for this had just started reading through and our focus is over 18.
    I see how they split minors from adults I wonder if you have to pay registration and naturlasation fees? Or is it just one lot.
  14. Br28016
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    Br28016 Active Member Trusted Member

    Not really up on the this as completed the adoption process for kids and they now have British passports. Mum has a few more years to go.

    Pretty sure in terms of fees it is one or the other.
  15. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    And how is the little One?
  16. Br28016
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    Br28016 Active Member Trusted Member

    Not little any more now 15 months old and very active.
  17. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Terrible 2s approach:lol::lol::lol::lol::lol::lol:
  18. gigi
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    gigi New Member

    Thank you for the thread guys, Mattecube and Br28016. I just saw the answers. I am still hesitating to apply , I just wish there's some cases similar to mine, married to brit and have ilr and and on the process of applying for citizenship with minor dependant. I have been trying to see if there's families here with same cases and with positive results, and that would really prompt me to apply asap. I will try to research more.
  19. gigi
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    gigi New Member

    Thank you for this. She came over here from Phils. on May 2016. So hopefully will meet minimum time criteria. My other concern is, one the documents we should submit for our uk naturalisation/registration application is:
    "Proof of STEP PARENT parental responsibility for Miss XXX.
    Proof of parental responsibility can include:
    • A copy of the birth certificate
    • A parental responsibility order, care order, adoption order or special guardianship order
    Does my husband need to get the "parental responsibility order or care order for my child, his stepdaughter? It just seems to make things more complicated but if it needs to be done, then we have no choice.
  20. Br28016
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    Br28016 Active Member Trusted Member

    The wait a year requirement after ILR is Normal unless married to a British person in which case it doesn't apply. Requirement when married to a British person is having ILR and being in UK for three years.

    Not sure about parental responsibility requirement - had step parent parental responsibility pre adoption and adoption cancelled it. Easy to get if father is not named on birth certificate or is dead and you have a copy of the death certificate. If named and alive then more complicated to get as need court order.

    https://www.gov.uk/government/publications/children-nationality-policy-guidance

    The link above is the guidance for caseworkers. I believe your daughter would fall under section 3.1 - page 27 onwards where there is scope for discretion but normally child would have ILR and completed two years in the UK as a minimum.

    Looking at evidence it does discuss the parental responsibility agreement but does talk about documents that may be necessary as opposed to are necessary.

    Is child's father named on birth certificate and if he is, is he still alive? Reading the document it may be worth trying to get agreement from him to registration if named and still alive.

    From the document

    Evidence to be supplied

    The evidence to be supplied will depend on the circumstances of the case. Applications should therefore be supported by as much of the following documentary evidence as may be necessary in each case:
    • child’s birth certificate
    • birth certificates of parents or those with parental responsibility
    • marriage certificates of parents or those with parental responsibility
    • child’s passports or travel documents
    • passports or travel documents for parents or those with parental responsibility
    • school letters/ reports and employment letters (providing evidence of residence and future intentions where necessary)
    • Divorce documents
    • court orders concerning:
    o wardship
    o guardianship
    o adoption
    o custodianship
    o parental responsibility
    • citizenship of parents
    • parents’ immigration status
    • child’s immigration status
    • child’s spouse/ civil partner’s citizenship or immigration status
    • any other evidence, such as medical reports relied on to establish the exceptionally compelling or compassionate nature of the application
    • Agree Agree x 1

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