Naturalisation start of the residential qualifying period

[gainvidya]

Me and my wife intend to apply for naturalisation in Dec 2009 by which time I complete 6 years in UK. My wife entered the country in Mar 2005 which means she will be 3 months short to 5 years by that time. Can we still apply for naturalisation in Dec 2009 or wait for my wife to complete exactly 5 years?

Home Office website excert

Start of the residential qualifying period

The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2000.

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.
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[John]

gainvidya, when did you enter the UK? And when did you get your ILR?

You tell us about your wife, but not about yourself. Also do appreciate that by March 2010, new legislation might be in force. Your wife cannot possibly apply in December 2009, with you, given the need to ensure that she was in the UK exactly 5 years before UKBA receive the Naturalisation application.

Dependent upon your answers to my questions above, it might be best if you apply for your Naturalisation first, thus become a British Citizen, because, believe it or not, when you are British your wife is married to a British Citizen! You! Thus a 3-year qualifying period would then apply to her, which might mean that she can apply for her Naturalisation as soon as you get handed your Certificate of Naturalisation at your Citizenship Ceremony.

[gainvidya]

Thanks John,

I entered 3 Nov 2003 and My wife entered 7 Mar 2005 as a dependant.
We both aquired ILR on 7 Dec 2008.
I hope we both can apply for Naturalisation on 7 Dec 2009.


If I apply seperately then I would have to pay double fees which I want to avoid.

[gainvidya]

Thanks John,

I entered 3 Nov 2003 and My wife entered 7 Mar 2005 as a dependant.
We both aquired ILR on 7 Dec 2008.
I hope we both can apply for Naturalisation on 7 Dec 2009.


If I apply seperately then I would have to pay double fees which I want to avoid.

[f2k]

given that your wife will only reach the 5year minimum stay in March 2010 you wont be able to take advantage of the 'discounted' fees before that date. You of course have the option of submitting your own application in March together with your wife's. This may give you the opportunity to pay the couples rate. As John said with rules changing and also fees going up all the time as well then you might need to keep an eye open on the UKBa website for any changes.