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ReadyLaw
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Category: Immigration Law
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I came to the UK on 22/09 as a PhD student, after completing

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I came to the UK on 22/09 as a PhD student, after completing my PhD I submitted an application for one year post doctoral extension scheme. My wife is a British citizen and we have five young kids who all are born in the UK. Before my post doctoral leave ran out I submitted another application on the basis of private and family life in the UK. I was granted 2.5 limited leave. This leave runs out in Jan 2021 but being a continuous resident for the last 10 years I now qualify for an indefinite leave to remain.
My question is: What are the clauses of immigration to submit another application for an indefinite stay.Question2: I was reading a note that says that the most applicants have to wait for another year to qualify for the British nationality except those who are married to a British citizen. My wife and children all are British and my last application was on the basis of my spouse and children. My question is: Can I apply for the British nationality after I have been granted an indefinite leave without waiting for a year.

Good day your question has been forwarded to me to see if I may be of assistance.

1: what do you mean another application for ILR? did you apply for one previously? If you did, what was the outcome of that application?

2: by nationality, do you mean applying to a British citizen without waiting a year?

Customer: replied 6 months ago.
The first application was a discretionary leave not indefinite leave to remain. This application was accepted and I was granted a limited leave of 2.5 years (no recourse to public funds). This leave runs out in Jan 2020. If I do not make another application I will have to leave the UK because this is limited leave not an indefinite leave which means I can stay forever in the UK.
Customer: replied 6 months ago.
2: Yes, I mean British citizen.
Customer: replied 6 months ago.
Your kind and detailed response would be appreciated from the core of my heart. Thanks in advance
Customer: replied 6 months ago.
I could have called you but very limited finance to survive.

Thank you for the additional information. Based on what you have said, you appear to be eligible to apply for ILR. you would not need to wait therefore for the current permission to expire in order to apply. The general rule is that you should :

“The applicant must meet the following requirements to be granted indefinite leave:
• the applicant must have at least 10 years continuous lawful residence in the UK
• there must be no reason why granting leave is against the public good
• the applicant must meet the knowledge of language and life requirement
• the applicant must not fall for refusal under the general grounds for refusal
• the applicant must not be in breach of immigration laws, except
o for any period of overstaying for 28 days or less which will be disregarded
where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less
granted in accordance with paragraph 39E of the immigration rules – for more information on overstaying, see applications from overstayers (non family routes)”

I will attach below the guidance for you to read. Page 8 has the eligibility criteria:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/841917/long-residence-v16.0ext.pdf

you will be required however, to remain on this permit for one year, prior to being eligible to apply to be naturalized.

I hope I was able to clarify things for you.

kindly let me know if I may be of further assistance.

Kindly let me know by clicking on the stars at the top of your screen whether you have accepted the answer given to you today.

all the best with your application

RL

Customer: replied 6 months ago.
My Uk based immigration Lawer told me that I have been living in the UK with my spouse for more than three years so I qualify for naturalisation soon after I have got indefinite leave to remain. I have got two different versions or interpretation of the naturalisation. I would be grateful if you could look at it again. I am thankful indeed for your detailed response and your deserve a 5 star rating.
My plan is to arrange a premium appointment with the UKBA next week. Hopefully, I meet all the requirements for an indefinite leave so will be granted this leave. I would like to apply for the British citizenship in early February 2020. You are saying that I ‘ll have to wait for a year after getting this indefinite leave but my glasgow based immigration Lawer says that I do not need to wait for another year being married to a British national. Your further explanation on this point would be very much appreciated.
I might need to get a legal advice from another immigration Lawer in case you advice differs from the other Lawer.

Thanks for coming back to me. My initial advise focused solely on your application being on the basis of long residency. I do apologise as I had not realized you were married to a British citizen.

you are correct, if you are married to a British citizen, you would be eligible to apply immediately upon receiving ILR. please see below copy guidance for your defence in particular page 5

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794168/Guide_AN__Naturalisation_Booklet.pdf

best wishes

ReadyLaw and other Immigration Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you very much for your response and assistance.
You are welcome