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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I am john. I got my indefinite leave to remain last year

Resolved Question:

Hi, I am john. I got my indefinite leave to remain last year October as a spouse of who also has an indefinite leave to remain. Partner was recently denied citizenship of the ground that she has not met the requirement of 5 years residence and. Was adviced to reapply in august 2015. I have lived here in the uk for 5 years now. Now my inquiry: can I apply for my citizenship on the ground that I have lived here for 5 years?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi John,
Thanks for your question.
During the 5 years have you had continuous legal leave to remain in the UK (ie. continuous visas with no gaps)?
Kind regards,
Tom
Customer: replied 2 years ago.
Yes
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you have continuous visas then you can still apply for naturalisation because the fact that your partner has been rejected does not make a difference to your application.
So, provided that you meet the requirements for naturalisation on the following page then you can apply:-
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
In particular you should note the days outside the UK requirement, but your partner’s rejection does not make a difference to your application and you are free to apply 12 months after the date you received ILR.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
Thanks for the reply. So you mean I can apply for naturalisation on my own and not as a spouse to my partner?
Expert:  Thomas replied 2 years ago.
Hi,
Correct. Provided that you meet the requirements in the link I posted in my previous reply.
Tom
Customer: replied 2 years ago.
Let me take you through my situation. I came to the uk on student visa in September 2009 and I got married to my wife in 2011 during which I still had a student visa. I now applied for the two years leave as a spouse and was granted. And then my ILR was given last year. It is now a year since I was given my ILR and it is now 5 years that I have stayed in the uk. I meet all the requirements of establishing residence in the link you sent to me. So you think I can now apply on my own yea?
Expert:  Thomas replied 2 years ago.
Hi,
Yes, I think you can apply provided that 12 months has passed since you obtained ILR and provided that:
-you’re 18 or over
- you’re of sound mind
- you’re of good character
- you’ll continue to live in the UK
- you have met the knowledge of English and life in the UK requirements
If you do then you can certainly apply.
Kind regards,
Tom
Customer: replied 2 years ago.
Hi tom, thank you. That was very satisfactory. I will leave an excellent feedback for you.
Expert:  Thomas replied 2 years ago.
Hi,
You're welcome.
Tom
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