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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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In July 2016, I would have stayed in the UK years with

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In July 2016, I would have stayed in the UK for 5 years with a Tier 2 visa. Is there any way I can apply directly for citizenship instead of ILR July 2016?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Hannah, I regret to say that in the UK, there has to be a period of one year between "settlement" which is the legal term when you get Indefinite Leave to Remain. I regret to say that it is not possible to abridge this one year period.
Expert:  Buachaill replied 1 year ago.
2. This one year period between obtaining the right to settlement and the obtaining of citizenship applies to all categories of visa holders, not just those on a Tier 2 visa.
Expert:  Buachaill replied 1 year ago.
3. This one year period between obtaining "Indefinite Leave to Remain" which gives a right of settlement and the obtaining of citizenship is a requirement of citizenship under the British Nationality Act, 1981. There is no exemption provided for, I regret to say.
Customer: replied 1 year ago.
More information: I moved to the UK in Dec 2010 with the PLAB visa. Then I got a job and went back home and got the Tier 2 visa in July 2011. Can I count the time in UK under Plab visa when I apply for ILR or citizenship?
Expert:  Buachaill replied 1 year ago.
4. The PLAB visa is a visitor business visa. It does not count towards the five years continuous and effective residence necessary for ILR, or for citizenship.
Customer: replied 1 year ago.
The citizenship eligiblity criteria states that you need to have lived continuously for 5 years with 1 year without time restrictions. However, when applying for ILR that too states that you need to have continuously for 5 years. Shouldnt it be 4 years so that by the 5th yr one can apply for citizenship (as that criteria suggests)?
Expert:  Buachaill replied 1 year ago.
5. The requirements for ILR and citizenship are mutually exclusive. You have to comply with the five year requirement in both. This leads to it being six years residence for citizenship in total, not five. That is the fine print. There is no way around it I have seen. You will have to get the law changed if you wish to win this one and for it to be only five years in total.
Customer: replied 1 year ago.
Finally, if I leave UK after getting ILR and return after 3 months (beyond the allowed-for time for the citizenship appication), will I have to stay ik UK for 5 years again to apply for citizenship or just 1 year from the time I re-enter with ILR?
Expert:  Buachaill replied 1 year ago.
6. One year. Once you get ILR, you don't have to go back and do the five years again if you spend time outside the UK.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your help!

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