British Naturalisation for spouse

[uk-ua-pair]

Hi there.

I'm trying to find what is the process for my wife to apply for British Citizenship. On the government website they say she has to be 3 years, but can apply as soon as has one of the following documents:

"You can apply as soon as you have one of the following:"

- a permanent residence document to prove you have permanent residence status
- indefinite leave to remain in the UK
- ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
- indefinite leave to enter the UK (permission to move to the UK permanently from abroad)

She is currently on the 5 years resident card.

Correct me if I'm wrong but permanent resident card is after 5 years? I'm a bit lost how to get one of the "followings".

[uk-ua-pair]

Forgot to mentioned,

My wife is on the 5 years resident card as before we applied for EEA Family permit, but now I became naturalised British.

[oOCasperOo]

Well my wife is in same Boat as you and I'm actually British this are the steps she needs to take for Nateulasation

1. Apply for ILR - FREE
2. Do B1 Baisic knowledge of English - £150
3. Life In UK Test - £50
4. Do a form online for Nateulasation and Pay - £1349.20

This ars steps as far as we are aware needs to be taken if partner is married to British Person or Citizen.

Good luck.

[Casa]

Forgot to mentioned,

My wife is on the 5 years resident card as before we applied for EEA Family permit, but now I became naturalised British.

I agree that the '3 year residence' rule can be confusing. A family member of an EEA national who has been granted British citizenship must first have qualified for PR which requires 5 years residing legally in the UK. It is compulsory to submit a PR card as certification of this, or the application for British citizenship will be refused.

https://www.gov.uk/government/publicati ... orm-eea-pr

I'm not sure where member oOCasperOo has seen that ILR (under the UK Immigration Rules) is 'FREE'

The application fee is currently £2,389

The fee for Permanent Residence (under the EEA Regulations) is £65

[oOCasperOo]

Forgot to mentioned,

My wife is on the 5 years resident card as before we applied for EEA Family permit, but now I became naturalised British.

I agree that the '3 year residence' rule can be confusing. A family member of an EEA national who has been granted British citizenship must first have qualified for PR which requires 5 years residing legally in the UK. It is compulsory to submit a PR card as certification of this, or the application for British citizenship will be refused.

https://www.gov.uk/government/publicati ... orm-eea-pr

I'm not sure where member oOCasperOo has seen that ILR (under the UK Immigration Rules) is 'FREE'

The application fee is currently £2,389

The fee for Permanent Residence (under the EEA Regulations) is £65

That £65 was scraped and it is free now from 29th March 2019

https://www.moneysavingexpert.com/news/ ... in-the-uk/

And ot was free for my wife who was granted ILR

[Casa]

Your wife was granted ILR without paying a visa fee

You may be confusing ILR with PR which have different rules.

[oOCasperOo]

Your wife was granted ILR without paying a visa fee

You may be confusing ILR with PR which have different rules.

She was granted ILR and this application was free here is her letter that she got

https://ibb.co/D8d60Nn

[Casa]

Your wife was granted ILR without paying a visa fee

You may be confusing ILR with PR which have different rules.

She was granted ILR and this application was free here is her letter that she got

https://ibb.co/D8d60Nn

Under Appendix EU of the Immigration Rules (Family Permit). Your wife was granted settled status under the new scheme for EU nationals and their family members, which is now free.
https://www.gov.uk/guidance/immigration ... ily-permit

To clarify for anyone who isn't following the EU route to settlement and may have been led to believe that ILR under the UK Immigration Rules is free, the fee remains at £2,389

[oOCasperOo]

Your wife was granted ILR without paying a visa fee

You may be confusing ILR with PR which have different rules.

She was granted ILR and this application was free here is her letter that she got

https://ibb.co/D8d60Nn

Under Appendix EU of the Immigration Rules (Family Permit). Your wife was granted settled status under the new scheme for EU nationals and their family members, which is now free.
https://www.gov.uk/guidance/immigration ... ily-permit

To clarify for anyone who isn't following the EU route to settlement and may have been led to believe that ILR under the UK Immigration Rules is free, the fee remains at £2,389

Ah that explains I was buit confused why it was such a high fee now its explained.

Thanks

[CR001]

Forgot to mentioned,

My wife is on the 5 years resident card as before we applied for EEA Family permit, but now I became naturalised British.

You appear to only have received your approval letter on the 20th April. You are therefore NOT yet British. You are only British once you have attended your ceremony.

[Casa]

Forgot to mentioned,

My wife is on the 5 years resident card as before we applied for EEA Family permit, but now I became naturalised British.

You appear to only have received your approval letter on the 20th April. You are therefore NOT yet British. You are only British once you have attended your ceremony.

Well spotted

[uk-ua-pair]

I would appreciate only constructive responses.

So, is it 3 years or 5 in our case?

[Casa]

I would appreciate only constructive responses.

So, is it 3 years or 5 in our case?

CR001 was attempting to save you from losing your wife's application fee if she applies before you have attended your citizenship ceremony. Constructive advice I believe

Does your wife hold a Permanent Residence card? This is required before applying under the 3 or 5 year route. The 3 year route would only be relevant for meeting the absence limit, as 5 years of legal residence is required for PR which is a mandatory requirement for British citizenship.

[uk-ua-pair]

Thank you, we will be applying for her citizenship in September if it's 3 years and we will get the requirements sorted first - so, yes, after ceremony 100%.

She is on the EEA Family Permit with 5 years resident card - it's not permanent resident card yet.

[Casa]

Thank you, we will be applying for her citizenship in September if it's 3 years and we will get the requirements sorted first - so, yes, after ceremony 100%.

She is on the EEA Family Permit with 5 years resident card - it's not permanent resident card yet.

When will your wife complete her 5 years of residence and qualify for permanent residence

[uk-ua-pair]

What if she would apply/switch for the family visa after my ceremony? Would that shorten the period required for BC to 3 years?

[Casa]

What if she would apply/switch for the family visa after my ceremony? Would that shorten the period required for BC to 3 years?

No, as this would re-set her immigration clock to zero, putting her on a new 5 year route to settlement (ILR), which is a requirement to qualify for British citizenship.

The confusion with the 3 or 5 year route is due to the fact that prior to the changes in the UK Immigration Rules on the 9th July 2012, a spouse only needed 2 years of residence before qualifying for ILR + 1 year for British Citizenship if married to a BC.

Since then, the route to ILR (or PR under the EEA regulations) is 5 years, which as mentioned several times in this thread is compulsory for British citizenship.

As I asked previously, if you can confirm on what date your wife will have completed 5 years on her current residence permit, I will be able to advise when she will qualify for British citizenship.

[CR001]

Thank you, we will be applying for her citizenship in September if it's 3 years and we will get the requirements sorted first - so, yes, after ceremony 100%.

She is on the EEA Family Permit with 5 years resident card - it's not permanent resident card yet.

When will your wife complete her 5 years of residence and qualify for permanent residence

Perhaps only in 2021 based in the below eea FM application??

Posted: 01/11/2016
Received: 02/11/2016
Payments Taken: 03/11/2016
EEA QP Email Confirmation: 14/11/2016
Biometrics Letter Received: 16/11/2016
Biometrics Enrolled: 16/11/2017
COA With Work : 20/11/2017
Resident Card Received on : 05/05/2017
Documents Returned: 05/05/2017

Good luck to everyone !

[uk-ua-pair]

Yes, that looks very accurate I believe.