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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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My case is i came in UK in 2010 as student and i got married

Customer Question

Hi there
My case is i came in UK in 2010 as student and i got married to British Citizen in 2011 and got spouse visa in 2012. So after two year i applied for ILR in 2014 but my application was refused because I applied early then 28 days before my visa expire. So they gave me another two year visa. So in April 2016 I applied for ILR and they granted me. Now my question is that can i apply for British citizenship now or do i have to wait one year on ILR? I am currently married to British Citizen as i mentioned early on. And also I passed GESE Grade 5 (B1) just before ILR application. Is that exam acceptable in citizenship application?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say you must be visa free for a period of one year before you can apply for citizenship. Accordingly, if you only got ILR in April 2016, you will need to wait until April 2017 before you can apply for citizenship. Secondly, if your GCSE grade was in the English language, then this is acceptable for obtaining citizenship.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the answer your expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Thank you very much for your answer. I was confused because i read in website that you can apply same day when you granted ILR if you are married to British Citizen.
Expert:  Buachaill replied 1 year ago.

3. That was the situation up until July 2012. Up 'til then you only needed to be three years in the UK as the spouse of a British citizen in order to gain citizenship. However, the law was changed then, equating the position of people married to a British spouse with the general situation where they only gain citizenship after five years continuous residence plus one year visa free on ILR.

Customer: replied 1 year ago.
Thanks again for your answer. This one is last message and i will rate your answers. I wanted to add that I am from India. And also in Gov website which was updated in july 2016 its still showing me 3 years. Here is link
Expert:  Buachaill replied 1 year ago.

4. I know. It is confusing. However, if you look closely you will see it states that you have lived in the UK "for at least" the three years before you made the application. The situation is that you now need five years residency to qualify based on marriage. This website does not state that explicitly. However, that is the situation, i regret to say. You can waste an application fee finding out if you wish.

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Customer: replied 1 year ago.
Hi there
I dont have doubt on your answer but i was confused about that bit so i thought clear it out with you. You have been really helpful me and saved me quite lot money and time behind citizenship application. Thank you very much for your help. I will definitely contact you again in future when i will need immigration help.