Dependent citizenship eligibility.

[thisam]

Hello forum,

Please could you make this clear to me.

I got ILR in 2015 on long residency basis and completing qualifying 1 year in February 2016.
I am planning to apply for the citizenship in February...say 20th February 2016.
I got a UK degree.

1.Is there any new rule I need to consider? -

2.My dependent is on ILR depended since March 2015. and she's been in UK since Feb 2013 which means she can complete 3 years of residnecy in UK by the time I apply for citizenship.
Can she apply for citizenship as soon as I get citizenship?. Any rule rule related to that?

I would really appreciate all comments and thank you in advance.
Regards

[vinny]

She also requires ILR.

[thisam]

Hi Vinny,

Thank you.

What is the three year rule?
So she has to spend 5 years as ILR dependent?

Please advise.

[physicskate]

Hi Vinny,

Thank you.

What is the three year rule?
So she has to spend 5 years as ILR dependent?

Please advise.

In order to apply for citizenship, one must hold ILR. In order to acquire ILR, your partner will need to be your dependent for 5 years after which time, they must apply for ILR before they apply to naturalise.

[vinny]

The three years rule is applicable for the spouse or civil partner of a British citizen. Unfortunately, it's also subject to

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

There was a loophole years ago. But it's now closed.

It was also more advantageous in the past, when the requirement for ILR was only one or two years. However, at least now, they don't have to spend a minimum year on ILR.

[mjnoor]

can some help me to get the proper answer plz?

I am a British citizen and want to apply for my wife and son’s naturalisation but not sure to apply or not, had conversation with Home office and they suggested me to go for it and other side local solicitors asking me to do not apply. Please advice me what to do?

I got the British citizenship in March 2015, and my wife and son came into this country on 06th October 2010 as dependent of Tier 1 General and in January 2014 they changed their status from Dependent of Tier 1 general to Dependent of Settled person (FLR(M). Had 2 years visa expiring on 31st January 2016. Last week on 23rd January 2016 They got the Indefinite Leave via Set (M). So my question is that can they apply for naturalisation right now because they are already in the country more than 5 years OR they have to complete the 12 months period to eligible for Naturalisation.

[secret.simon]

This query should ideally have been a separate thread.

Your wife can apply for naturalisation immediately after getting ILR as she is married to a British citizen.

Your son should be able to register as a British citizen along with your wife's naturalisation.

[thisam]

The three years rule is applicable for the spouse or civil partner of a British citizen. Unfortunately, it's also subject to

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

There was a loophole years ago. But it's now closed.

It was also more advantageous in the past, when the requirement for ILR was only one or two years. However, at least now, they don't have to spend a minimum year on ILR.

Thank you Vinny. It looks she has to spend 4 more years to get Citizenship.

[thisam]

Hi Vinny,

Thank you.

What is the three year rule?
So she has to spend 5 years as ILR dependent?

Please advise.

In order to apply for citizenship, one must hold ILR. In order to acquire ILR, your partner will need to be your dependent for 5 years after which time, they must apply for ILR before they apply to naturalise.

Thank you Physicskate,
does she have to be ILR dependent for 5 years or dependent in any category? any luck
Thank you

[physicskate]

ILR dependent for 5 years on FLR(M), as you acquired ILR through long residence. She could apply for long residency in her own right if she reaches 10 years.

[thisam]

Dear Members,

My spouse had her FLR(M) approved on 11/03/2015 and expires on 24/08/2017.

1. Can she apply for the extension early (than 28days)?
2. If yes, then does she have apply for another extension to complete 5 years?

I would much appreciate your advice on this.
Many thanks.

[vinny]

1. Yes.
2. Probably.

[thisam]

Hi Vinny,

Please can you give me more details if you could?
How early she can apply? Is there any specific rule that I can refer with the application? I am hoping to attend a one day service.

Thank you in advance

1. Yes.
2. Probably.

[CR001]

She can apply at any time BUT if she applies too early, she will then require an additional extension to cover the shortfall for ILR (i.e. 3 x FLR(M) instead of 2).

She should apply no sooner than within 28 days before she reaches 2.5 years on FLR(M). Her new visa will be valid from the date of approval and NOT tagged onto the end of when her current visa expires.

[thisam]

Hello,

I cannot understand why the Immigration Rules Appendix FM-SE is asking employer letter to confirm the employment and income?
Please can someone explain?

If you provide payslips and bank statements then why an employer letter?

Many thanks for advise.

[physicskate]

The employment is required to be ongoing (will continue in the future). Employment letter confirms this and should also be an extra proof that you do earn what you way you do.