Few Questions regarding Wife's Citizenship

[fatcat]

All

I am on HSMP visa and entered UK in November 2005, got married in 2007 and my wife got dependent visa in July 2007 and came to UK in November 2007.
Now I know that she can apply for ILR with me in November this year.
My confusion is about the citizenship period for her.
If I get citizenship in Nov 2010 will she be able to apply for citizenship in December 2010 as spouse of British citizen as she will complete 3 years of residence. Or she has to complete 5 years and apply in 2012?
I read few posts but now I am completely lost some people saying 5 years some 3 years So i am looking for a authentic expert advice.
Also will the absence period between Visa stamped on passport (July) and arrival in UK (Nov) affect her application? Will that absence be counted in the days allowed outside the UK? .

Thanks

[John]

If I get citizenship in Nov 2010 will she be able to apply for citizenship in December 2010 as spouse of British citizen as she will complete 3 years of residence. Or she has to complete 5 years and apply in 2012?

You are assuming a lot, that your Naturalisation application will be dealt with in one month!

Anyway, as soon as you are British, that is, you have received your Certificate of Naturalisation at your Citizenship Ceremony, surprise surprise, your wife will be married to a British Citizen. Accordingly, for her then, the 3-year rule will apply. Just ensure that she was physically in the UK exactly three years before UKBA will receive her Naturalisation application.

Also will the absence period between Visa stamped on passport (July) and arrival in UK (Nov) affect her application? Will that absence be counted in the days allowed outside the UK? .

When you say "her application", do you mean her ILR application, or her Naturalisation application? For ILR those days of absence will not cause a problem, and as regards the Naturalisation application, do appreciate that her 3-year qualifying period ends when UKBA receive her Naturalisation application, so the period you are concerned must be before the start of her 3-year qualifying period.

[fatcat]

Thanks John for a quick reply and explaination
Sorry for the assumptions i knew it takes 3 to 4 months or more for the citizenship process if eligible used it for a simple example

For Her Application i mean first ILR application and then BC application and you already explained for both of them

We are actually planning for a 2 months long holiday, so if it is 3 years for her (i still have 70+days) then there still will be plenty of days left for holidays next year and then 2011 no more restrictions
but if 5 years then we have to shorten the trip and save some days for next 3 years

Thanks for the Help

[fatcat]

Just another question came into my mind from somehwere

Do i need to register our marriage here in UK ? ?

[John]

No, under the terms of the UK's Foreign Marriages Act 1892 the UK recognises any foreign marriage ..... that is recognised as a valid legal marriage in the country where it took place.

So not only do you not need to get married in the UK, it would be a criminal act to try to do so, given neither you nor your wife can certify that you are unmarried! That is, the UK's Notice of Intention to Marry form, to be filled in at the Register Office, makes reference to perjury if incorrect information is given.

[fatcat]

Thanks John for the help