ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Residence requirement please help me

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Wife BC application - category and employment query

Post by adil2009 » Fri Dec 30, 2016 5:29 pm

Hi All,

I would like to apply for my wife naturalization through JCAP scheme.But i dont know which category she fall into,
she came to UK on dependent visa then ,we applied together for ILR in JUNE 2012 ,through 5 years work visa route.
I got my naturalization certificate November 2013 .From then till now she is continue living in UK .now she had more than 3 years living in UK .so she is eligible to apply for naturalization and citizenship.

But i dont know what form she needs to fill and through which route.

Please help me out. Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: which category .....?

Post by noajthan » Fri Dec 30, 2016 5:34 pm

Form AN.
Section 6(2) of BNA.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Re: which category .....?

Post by adil2009 » Fri Dec 30, 2016 6:07 pm

thanks for ur kind reply.just to know if the staff at council ask us when she will go to apply for jcap, are u applying under 5years route or 3years route,so what my wife need to tell them .
cuz I dont want to waste the fee .

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: which category .....?

Post by noajthan » Fri Dec 30, 2016 6:10 pm

adil2009 wrote:thanks for ur kind reply.just to know if the staff at council ask us when she will go to apply for jcap, are u applying under 5years route or 3years route,so what my wife need to tell them .
cuz I dont want to waste the fee .
There is no '3 year route' as it now usually takes 5 years for ILR (or even PR).
There is a '3 years of evidence of residence' option.
That is a section 6(2) application.

Caseworker will figure it out, NCS is just an agent.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: which category .....?

Post by Obie » Fri Dec 30, 2016 10:43 pm

I agree that this person will qualify under section 6(2). But however section 6(2) is a 3 years route in that a person will qualify if they are able to demonstrate that they have resided in the UK for 3 years in a lawful capacity, has settled status and married to a British Citizen.

So i think, OP may be somehow right in mentioning a 3 years route.

A lame people who is not as vast as your good self in British Nationality law, may be excused for characterizing it as a 3 year route, will they not?
Smooth seas do not make skilful sailors

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: which category .....?

Post by noajthan » Sat Dec 31, 2016 12:33 pm

As long as people understand there is no fast-track 3 year route to citizenship then our work is done.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
Diamond Member
Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: which category .....?

Post by ohara » Sat Dec 31, 2016 1:56 pm

noajthan wrote:As long as people understand there is no fast-track 3 year route to citizenship then our work is done.
I think there may well be, through tier 1 accelerated ILR, but it requires a substantial amount of money and marriage to a British spouse.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: which category .....?

Post by Obie » Sat Dec 31, 2016 3:01 pm

noajthan wrote:As long as people understand there is no fast-track 3 year route to citizenship then our work is done.
It all depends on the interpretation in a person''s mind.

I will simply confine my self to saying, that a person who has recoded in the UK and happen to secure ILR by whatever means, one of which was mentioned by CASA, will be able to secure citizenship if they are married to British citizens. I can think of 2 other circumstances in addition to CASA, where this may be possible.

Let's say a family member of an EEA national or has ceased activity, apply for an EEA family permit and enter the UK.

That family member may be eligible for PR under regulation 15 (1)(d) upon entry.

If the EEA national then apply for British citizenship , the family member will qualify under 6 (2) after 3 years residence.

We cold have a woman who was a victim of domestic violence, who then secured ILR, and following that, married to another British Citizen. After 3 years she will be eligible under 6 (2) aswell.

Even though nothe very many, there are few categories of people who can benefit from 6 (2) under 3 years residence, not to mention the 1 year ILR exemption.
Smooth seas do not make skilful sailors

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: which category .....?

Post by noajthan » Sat Dec 31, 2016 4:21 pm

Obie wrote:
noajthan wrote:As long as people understand there is no fast-track 3 year route to citizenship then our work is done.
It all depends on the interpretation in a person''s mind.

I will simply confine my self to saying, that a person who has recoded in the UK and happen to secure ILR by whatever means, one of which was mentioned by CASA, will be able to secure citizenship if they are married to British citizens.
...
I was referring to mainstream 6(1) and 6(2) applications.
Not the special 'safety net' cases that are triggered due to circumstances such as death, incapacity, domestic violence & etc in which the key factor is not for example 'X' years residence but rather the relevant tragedy or catalyst.

But I'm continually inspired by how this information bubbles up from the collective hive mind of the forum.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

No work history

Post by adil2009 » Thu Jan 12, 2017 1:42 pm

Hi all
want to apply for my wife naturalization .need your help me with the form AN .
My wife never work in the uk ,she is house wife ,looking after children.
so what she needs to write .

Details of your employment
1.45 What is your occupation?
can she write HOUSE WIFE .
1.46 Are you:
An employee? A business partner? Self-employed? A director?

so what she will write in Question 1.46 ?

1.49 Address of tax office or tax office reference ?

Please help me with above question.

Thanks

User avatar
CR001
Moderator
Posts: 87393
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: No work history

Post by CR001 » Thu Jan 12, 2017 1:45 pm

Employment is NOT a requirement for citizenship.

She can write 'unemployed' and leave the rest (tax office ref etc) blank.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: No work history

Post by noajthan » Thu Jan 12, 2017 1:46 pm

1.45 - correct

1.46 - skip

Tax details - no need, skip.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Re: No work history

Post by adil2009 » Fri Jan 20, 2017 5:16 pm

Hi all,

one more question i need to ask , what shell i need to submit on my behalf with my wife naturalization form .

Shell i need to submit my British passport and naturalization certificate as well?


Thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: No work history

Post by noajthan » Fri Jan 20, 2017 5:41 pm

adil2009 wrote:Hi all,

one more question i need to ask , what shell i need to submit on my behalf with my wife naturalization form .

Shell i need to submit my British passport and naturalization certificate as well?

Thanks
Check the guide:
https://www.gov.uk/government/uploads/s ... y_2017.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Residence requirement please help me

Post by adil2009 » Fri Jan 20, 2017 6:32 pm

Dear all ,

I am very worried ,really need your help,Want to apply for wife naturalization
she came to UK on dependent visa then ,we applied together for ILR in JUNE 2012 ,through 5 years work visa route.
I got my naturalization certificate November 2013 .From then till now she is continue living in UK .now she had more than 3 years living in UK .

I got my naturalization certificate on 20 November 2013.so her three years route START from this date to apply for naturalization.
Now the question come up about the days outside of her UK ,which is confusing me .
here is her outside the uk holidays details

>> Visit UAE see the family from 13/07/14 ------- 14/10/14
>> visit Pakistan see the family From 24/05/15 ------- 20/08/15
>> visit Saudi Arabia go the umrah 27/11/16 -------- 10/12/16

Can you please tell me she meets the Residence requirement.

Please help me i am very upset. Thanks

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Residence requirement please help me

Post by Casa » Fri Jan 20, 2017 6:53 pm

She could have applied for citizenship as soon as you became a British citizen as she had already been granted ILR. You were confused with the 3 year rule.

However, she can not apply if she has spent more than 90 days outside of the UK in the 12 month period prior to submitting the application.
.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Residence requirement please help me

Post by noajthan » Fri Jan 20, 2017 6:56 pm

If wife has ILR she may apply for naturalisation as your spouse and make a section 6(2) application.

The 3 years is counted back from date of application.
So if applying sometime in 2017 count backwards 3 years (to 2014).

Your wife only seems to have spent around 190 days out of UK in past 3 years.
And less than 90 days out in past 12 months.
All good.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Re: Residence requirement please help me

Post by adil2009 » Fri Jan 20, 2017 7:44 pm

noajthan wrote:If wife has ILR she may apply for naturalisation as your spouse and make a section 6(2) application.

The 3 years is counted back from date of application.
So if applying sometime in 2017 count backwards 3 years (to 2014).

Your wife only seems to have spent around 190 days out of UK in past 3 years.
And less than 90 days out in past 12 months.
All good.
Thanks noajthan to giving me breath.what i am confusing is below ,
>> Visit UAE see the family from 13/07/14 ------- 14/10/14
>> visit Pakistan see the family From 24/05/15 ------- 20/08/15
so above one days out side of uk is more than 90 if we take date from start 13/07/14 and till 20/08/15.

Hope you will help me out. Thanks

User avatar
CR001
Moderator
Posts: 87393
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Residence requirement please help me

Post by CR001 » Fri Jan 20, 2017 8:25 pm

The 90 days is relevant to the 12 months immediately before date of citizenship application not 2 years ago.

When do you plan to submit the application?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

adil2009
Member
Posts: 186
Joined: Mon Dec 15, 2008 4:22 pm

Re: Residence requirement please help me

Post by adil2009 » Sat Jan 21, 2017 8:23 pm

CR001 wrote:The 90 days is relevant to the 12 months immediately before date of citizenship application not 2 years ago.

When do you plan to submit the application?
Thanks for reply , next week have plan to submit the application. Hope should be fine.

Locked