Application for British Citizenship

[shabbir_200]

Hi,

I am planning to apply for British Citizenship next month. Last year August 2013 me and my wife got ILR, as per the rules i can apply for Citizenship 5 years completion.
But my query is can my wife also apply for citizenship along with me as she arrived UK in May 2011 or she can stay on ILR till she qualify for Citizenship.

Your reply will be really helpful.


Many Thanks
Shabb

[milan69]

Your wife can apply as a spouse of BC once you become British citizen or after 5 years of residency in UK.

[shabbir_200]

Much Appreciate for Quick reply, but can't she stay on ILR after i become a British Citizenship ?

[milan69]

Of course she can.
It is her choice if she wants to become British citizen.

[shabbir_200]

Thanks Milan, Just need a last clarification if i am not wrong that once i become a British Citizen she can stay on ILR till 2016 and then can she can apply for British Citizenship as completion of 5 Years, Is that right ?

[smartkhan]

As your wife got ILR in August 2013, she is eligible for British Citizenship from August 2014. You both can apply for citizenshiop straight away. Don't wait for 2016 or until your BC.

[shabbir_200]

Thanks smartkhan, But she haven't completed 5 years in UK how can we both apply for citizenship ?

[milan69]

Once your wife completes 5 years residency she can apply for citizenship providing that she satisfies all other requirements, and yes that would be 2016.
Another option she has is to apply for citizenship once you become British citizen as in that case she would need to be a resident for 3 years.
You can not both apply at the same time. You have to become citizen first and then she can apply as a spouse.

[akhurshid]

She entered UK in May 2011 so she can either apply independently once she has been in UK for 5 years or she can apply as soon you become British Citizen since she'll be in the UK for 3 years. There no benefit of joint application any more.

[smartkhan]

I think the 5 year rule is for people who landed after July 2012.

[shabbir_200]

So that means can she apply with me as well ?

[shabbir_200]

I think Mr Khan that applicable only when you are applying for ILR

[shabbir_200]

She entered UK in May 2011 so she can either apply independently once she has been in UK for 5 years or she can apply as soon you become British Citizen since she'll be in the UK for 3 years. There no benefit of joint application any more.

Thanks Khursid, I like your views.

[CR001]

I think the 5 year rule is for people who landed after July 2012.

You are confusing the spouse settlement visa changes with naturalisation. The rules change in July 2012 was for spouse visas and not anything to do with citizenship, which is a 5 year residence period for a long time already.

[fwd079]

2. If your spouse is a British citizen
If you’re married to, or the civil partner of, a British citizen, you can apply for citizenship if:
• you’re 18 or over
• you’re of sound mind, eg you’re able to think and make decisions for yourself
• you’re of good character, eg you don’t have a serious or recent criminal record
• you’ve met the knowledge of English and life in the UKrequirements
• you’ve been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave
Unless your spouse or civil partner works abroad either for the UK government or for an organisation closely linked to government, you must usually also have:
• lived in the UK for at least the 3 years before your application is received
• spent no more than 270 days outside the UK in those 3 years
• spent no more than 90 days outside the UK in the last 12 months
• not broken any immigration laws while in the UK

According to this Home Office link if you are British Citizen then you only have to be in country for three years, so after you get your Naturalisation you can apply for her as spouse of yourself.

That's my view but experts can tell you better.

Good luck and dont forget to post timeline.

[shabbir_200]

2. If your spouse is a British citizen
If you’re married to, or the civil partner of, a British citizen, you can apply for citizenship if:
• you’re 18 or over
• you’re of sound mind, eg you’re able to think and make decisions for yourself
• you’re of good character, eg you don’t have a serious or recent criminal record
• you’ve met the knowledge of English and life in the UKrequirements
• you’ve been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) - this means there’s no specific date that you have to leave
Unless your spouse or civil partner works abroad either for the UK government or for an organisation closely linked to government, you must usually also have:
• lived in the UK for at least the 3 years before your application is received
• spent no more than 270 days outside the UK in those 3 years
• spent no more than 90 days outside the UK in the last 12 months
• not broken any immigration laws while in the UK

According to this Home Office link if you are British Citizen then you only have to be in country for three years, so after you get your Naturalisation you can apply for her as spouse of yourself.

That's my view but experts can tell you better.

Good luck and dont forget to post timeline.

Thanks that's really great information, So that's confirm i can't apply my wife citizenship with my application, I can only apply for Spouse or wait till 2016 on ILR.

[shabbir_200]

Hi All,

Can i Travel to India if my British citizenship Application is under Process ? As i am currently on ILR.

Thanks,
Shabbir