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You've spotted the Home Office's 'catch 22' - "thus effectively trumping the 3 year rule"Champ Raccoon wrote:Dear all
I am a BC, and I have been married and living with my wife in the UK since April 2013. Just doing some forward planning and understood that after 3 years a partner of a BC can apply for Citizenship if certain condition are met. I am only questioning the condition relating to ILR. To obtain ILR one must live in the UK for 5 years, thus effectively trumping the 3 year rule for citizenship application for partners of a BC.
My question is does a partner of a BC have to have ILR in the UK before applying for citizenship, if so, does that mean that effectively they need to have been resident in the UK for at least 5 years in the UK, obtain ILR and then apply?
If that is the case, does that basically mean that the 3 year rule is non existent?
Many thanks in advance for your assistance on this matter,
Best
Champ
Edit : CR001 Trumped by CASAChamp Raccoon wrote:To obtain ILR one must live in the UK for 5 years, thus effectively trumping the 3 year rule for citizenship application for partners of a BC. Don't confuse immigration rules to nationality rules, they are very different. Spouse visas used to be for 2 years, then plus 1 year on ILR = the 3 year for citizenship requirement. The two year visas ceased in July 2012.
My question is does a partner of a BC have to have ILR in the UK before applying for citizenship,Yes, it will be refused if ILR is not held if so, does that mean that effectively they need to have been resident in the UK for at least 5 years in the UK, obtain ILR and then apply? Yes
If that is the case, does that basically mean that the 3 year rule is non existent? No, the concession your spouse has is that she can apply for citizenship immediately once granted ILR and will not have to wait the standard 12 months on ILR first. She will apply as spouse of BC which is based on 3 years residence.
Many thanks in advance for your assistance on this matter,
Best
Champ
Yes, but yours was far prettier CR001...with all that red text!CR001 wrote:Edit : CR001 Trumped by CASAChamp Raccoon wrote:To obtain ILR one must live in the UK for 5 years, thus effectively trumping the 3 year rule for citizenship application for partners of a BC. Don't confuse immigration rules to nationality rules, they are very different. Spouse visas used to be for 2 years, then plus 1 year on ILR = the 3 year for citizenship requirement. The two year visas ceased in July 2012.
My question is does a partner of a BC have to have ILR in the UK before applying for citizenship,Yes, it will be refused if ILR is not held if so, does that mean that effectively they need to have been resident in the UK for at least 5 years in the UK, obtain ILR and then apply? Yes
If that is the case, does that basically mean that the 3 year rule is non existent? No, the concession your spouse has is that she can apply for citizenship immediately once granted ILR and will not have to wait the standard 12 months on ILR first. She will apply as spouse of BC which is based on 3 years residence.
Many thanks in advance for your assistance on this matter,
Best
Champ(this time
)
I aim to please and make things prettyCasa wrote:Yes, but yours was far prettier CR001...with all that red text!
Unlikely. That would require primary legislation (Act of Parliament) to amend the British Nationality Act 1981 and there would be substantial scrutiny in both Houses of Parliament and coverage in the press.TheMouseReturns wrote:the potential is the spouse of BC rules are aligned with everyone else, and a requirement of 12 months ILR is introduced.
It would be a relatively minor change to Schedule 1 that is required, similar to how lines have been inserted in the past. Such previous examples includes the addition of knowledge of life in the UK, or allowing for civil partners. However in this case it could go as far as removing S6(2).secret.simon wrote:Unlikely. That would require primary legislation (Act of Parliament) to amend the British Nationality Act 1981 and there would be substantial scrutiny in both Houses of Parliament and coverage in the press.TheMouseReturns wrote:the potential is the spouse of BC rules are aligned with everyone else, and a requirement of 12 months ILR is introduced.
Thus far, the government has stuck to making significant changes via secondary/delegated legislation.
Not inconceivable, merely unlikely.TheMouseReturns wrote:It is not inconceivable that this could happen