NATURALIZATION FOR SPOUSE OF BRITISH CITIZEN

[asc.26]

Hi Forum Member,
Have a query (similar queries must have been asked in the past, but just to check my case)
I have become the British Citizen around Jan-2016, while my spouse was on the FLR, and she subsequently got the ILR in Aug-2018 ( 5 year route as initial visa was issued after July-2012 i.e)
- Initial Visa (outside of UK) Jan-2013 (Tier-1 Dependent)
- Switch to FLR in Mid of 2013
- FLR extension in 2016
- ILR in Aug-2018

got the question after going through the FAQ for Naturalization (mentioned below) :

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"If married to a BC, you can apply the same day you are granted ILR if you meet the spouse requirements which includes 3 years residence. Any legal stay in the UK counts. "

Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period).

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements

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Can somebody please advise, if my spouse can apply for citizenship now as she meets other requirements (3 years stay, english language requirement, number of day outside of UK etc.)? or has to wait for 12 months from the day ILR was granted?

Thanks

[CR001]

She can apply now.

[asc.26]

Thanks CR001 You are a star

just couple of more queries:
1. One of the section of online application asks following

Knowledge of the English language
Have you met the requirement to qualify for settlement on or after 28th October 2013? (Required)
Applicants who applied for, and obtained, settlement on or after the 28th October 2013 using an English language qualification at level B1 or above can use this as evidence of their knowledge of English language. However if this qualification was not used and accepted for their settlement application, it cannot be used for this application
I think, answer will be Yes, (as my spouse has used the LifeSkill B1 certificate for ILR, and same can be used for citizenship application). Please let me know, if this understanding is correct.

2. Biometric enrollment :
Going to through the different post, I got the impression that biometric enrolment letter is received via email (or can be downloaded) once online application is submitted. Again, is this correct or letter comes in the post?

3. (Hopefully last question ): What would be the date of application (as we have some travel plan in Oct, so would like apply before 1 Oct, not sure if get the appointment, and also can't not apply between 03-Oct-208 and 20-Nov-2018, because 3 years back during same period, my spouse was not in the UK):
- Date of submission of Online Application;
- Date when documents are handed over to NDRS (Nationality document return service);
- Acknowledgement email /post confirmation received from HO;or
- something else

Regards

[CR001]

1. Correct. She does still have to submit the LIUK and English test certificates.

2. Correct if applying online.

3. Date of application for online is the date you submit and pay.

[asc.26]

Thanks CR001 for the prompt reply.

[asc.26]

Hi CR001,

Not questioning your previous advise ,but just now heard back from my previous immigration advisor( taken their service in previous Immigration applications) and he is saying spouse of BC ( and in general terms everyone) has to wait for 12 months after getting ILR, regardless of the route one gain the ILR.

Could you please advise , if it is safe to apply for naturalisation for my wife?

I have already filled the form and made the payment, and also taken the NDRS service appointment for the coming week.

Your urgent advise on this will be helpful.

[CR001]

He is talking nonsense. The rules state that a spouse of a British citizen can apply as soon as they have ILR without having to wait 12 months.

I have done this route and had success as have 100s of others.

[Casa]

I can support CR001's advice. Your immigration solicitor is VERY wrong on one of the simplest rules regarding the spouse of a British citizen applying for BC. There is NO requirement for your wife to wait 12 months before applying.

Edit: Beaten as usual by Miss Speedy Fingers, CR001

[asc.26]

Thanks Casa and CR001 for prompt reply.
I am now going ahead with application and will provide the timelines.

Thanks once again for ur help

[rehmatkarim]

Hi,

Just read theough you post. Would you be able to share what was the outcome for your application please?

Thanks

[CR001]

Hi,

Just read theough you post. Would you be able to share what was the outcome for your application please?

Thanks

The user has not logged into the forum since September 2018.

Kindly refrain from digging up older topics and continue in your own thread where you have already been given advice.

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