BN Application Based on 5 year or 3 year?

[sywahu]

Hi,

After having sorted the references out for my wife's BN application, the NCS in Hatfield posed a slightly confusing question today.

I got my BN about 1.5 years ago. Wife couldn't apply at the time and finally passed her Ctz. test and is applying now based on 5 year residency.

In filling out the application form, it says if your partner is BN, state so. Is this implying that the applicant is automatically obliged to apply under the 3 year with BN husband/wife rule? Eventhough in our case, we were thinking of just 5-6 years residency.

But the lady at the NCS said that since your wife has never worked in the qualifying 5 year period, she should apply under the BN spouse rule. This is because she hasn't paid any taxes. I said that she is my dependent and house-wife with kids. She seemed somewhat unsure about it as well.

That confused me since the rules on the guide/form/web-site etc do not state that we have to do this.

She was simply on work permit dependent visa with me, got the PR about 2 years ago and now is applying for BN.

Is this really the case since she hasn't worked in the 5 year period? It appeared that what she was really saying was that for a person who hasn't paid any taxes, its wise to apply under the spouse rule.

I was quite sure over the phone today with them that this was not the case. But hey they are NCS and could be right..........are they?

Thanks.

[John]

I am amazed that the NCS office is not fully trained regarding this!

It is as simple as this. Your wife is married to a British Citizen ... you .... and accordingly a 3-year rule applies.

But sywahu, what are you saying? Is there some reason why the 5-year path is preferable to the 3-year one? Your wife was not physically in the UK exactly 3 years ago?

[sywahu]

Thanks John. No thats not an issue. She has been away for only 4 months in the 6 years we have been in this country. And these four months were in 2004.

She was on a workpermit with me, we got the PR together about 2.5 years ago. She is just late since she had to do the Ctz. test. Otherwise we would have applied together for BN.

The problem is just ignorance on my part. I don't know whether we qualify for the 3 year period criteria since I became a BN only 1.5 years ago approx. Secondly, we have to get the marriage cert. translated which is another document that I have to arrage.

We were thinking of just using the 5 year rule and applying with documents we have. Rather than arrange yet another one. At the risk of souding too lazy to take a day off and arrange this, I just wanted to apply with what we have

But if this is wrong, then I guess we have to get that last document sorted and then apply.

So you are saying that 3 year rule is definitely the only option to use? i.e. she has to apply as partner of a BN and she can't apply on her own like this? (even though the partner details are declared in the form)?

[vinny]

I don't know whether we qualify for the 3 year period criteria since I became a BN only 1.5 years ago approx.

See also BN7 - Naturalisation as a British citizen:

B. Requirements for a person applying as the husband, wife or civil partner of a British citizen

6. The person applying must:

....

f. be the husband, wife or (from 5 December 2005) the civil partner of a British citizen on the date the application is received; and

[John]

I became a BN only 1.5 years ago approx.

You are inventing a problem that does not exist! 1.5 years ago? 1.5 months ago? 1.5 days ago? It matters not ..... you are either a British Citizen or you are not! Simple as that. You are a British Citizen so a 3-year qualifying period for your wife.

And these four months were in 2004.

When in 2004? Was she physically in the UK exactly 3 years ago from now?

[sywahu]

that was in june 2004 so yes that was well within the margin.

i was assuming that one had to be married to a BN for 2 years and then apply for BN one year after that. This is where I was going wrong. There is no time limit on how long one should have been married to a BN. She just has to meet the following which she clearly does. thanks for the link vinny and your guidance John.


B. Requirements for a person applying as the husband, wife or civil partner of a British citizen
6. The person applying must:

a. be aged 18 or over;

b. not be of unsound mind;

c. be of good character;

d. have sufficient knowledge of English, Welsh or Scottish Gaelic (see Note 1);

e. have a sufficient knowledge about life in the United Kingdom (see Note 1);

f. be the husband, wife or (from 5 December 2005) the civil partner of a British citizen on the date the application is received; and

g. meet the residential requirements set out in paragraph 7 below (but see also paragraphs 8 and 9 below).

7. The residential requirements are that:

a. the person applying was in the United Kingdom (see Note3) at the beginning of the three-year period that ended on the date the application is received;

b. on the date the application is received, the applicant's stay in the United Kingdom is not subject to any time limit under the immigration laws (see Note 5);

c. in the three-year period, he or she was not outside the United Kingdom for more than 270 days;

d. in the last 12 months of that three-year period, he or she was not outside the United Kingdom for more than 90 days; and

e. he or she was not at any time in that three-year period, in the United Kingdom in breach of the immigration laws (see Note 6).

[JAJ]

that was in june 2004 so yes that was well within the margin.

i was assuming that one had to be married to a BN for 2 years and then apply for BN one year after that. This is where I was going wrong. There is no time limit on how long one should have been married to a BN.

Note that there is also no minimum time period for the spouse to have been a British citizen.

If applicant is married to a British citizen, the s6(2) route (3 year rule) is not compulsory and the section 6(1) route (5 year rule) is also available. But cases where s6(2) is failed but section 6(1) is met are very unusual.

[sywahu]

yep thats why I am trying to at least send a translated marriage cert. along with other docs. just in case. HO can then decide to do whatever they want really since she fits both cases. It should be OK I think. Thanks for your input again.

One advice for the guys out there. the Hatfielf NCS take the £40 in advance! I was told they would only authorise the card initially and charge on actual appointment. But today, when I called to postpone it, they said they had ALREADY taken the amount and changing it a few times might result in loosing the £40.

Some miscommunication it seems.

I didn't argue much since I just wanted to get it over and done with.

But just be careful since some councils do it in advance it appears.

[sywahu]

Hi,

The NCS were not able to send the application and have kept it "on hold".

There is a 6 month gap between my wife's old expired passport and the date of issue of the new passport. The 3 year period spans acroos this and they said they would need some proof of physical presence in the country for this period. Aha! I didn't think of that at all.

Oddly enough, again there is nothing really we can use. On top of that, she never went to the doctors duing those 6 months and that wouldn't work either.

NCS said that just send us a GP letter saying she has been with them for so many years....but it wud take us a about 2 weeks to gather all this from somewhere.

And I thought this was going to be a very easy thing. I am glad we used the NCS.

Anybody else had to provide evidence of presence in the country and there was nothing he could use? Could we use credit card activity?

Thanks

[JAJ]

Could we use credit card activity?

Yes.

Or letters/affidavits from British citizens who can testify as to her presence in the U.K. in that time period.

It's not clear why the NCS are fussing over the gap in passports, as having a passport doesn't in itself prove a great deal about where you were living.

[sywahu]

Thanks Jaj.

NCS called me and said that "having spoken to an experienced colleague, its OK and we don't need anything else". I wud have thought for £40, they would at least know the basics of whats required.

I have arranged some docs from here and there anyway and from the school head teacher as well saying the person was around to pick children up in that time period etc.

If HO asks for it, I will send it but NCS decided not to send any docs covering this 5-6 month period. They say person can't travel without passport so it shouldn't matter.