Spouse Naturalisation Question

krazydude · Post by **krazydude** » Mon Oct 19, 2009 5:46 pm

My spouse got her HSMP Dependent Visa on 20 Feb 2008 and came to join me in the UK on 15 June 2008. We recently applied for ILR and both of us got our ILR's on 14 Oct 2009. As per the letter sent by the Home Office I can apply for BC on 6 Sept 2010 (when I complete 5 yrs of residency). I would like to ask - When can my wife apply for her BC ?

The UKBA site mentions the residential period for Spouse as

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
have not been in breach of the immigration rules at any stage during the three-year period.

and further

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period

Does that mean that my wife can apply for BC on 15 June 2011 or 15 June 2012 (assuming the current rules are still applicable then) ?

Wanderer · Post by **Wanderer** » Mon Oct 19, 2009 8:02 pm

Something doesn't make sense here, you should have got ur ILR after 5 years on HSMP, and will BC one year after that.

If u both got ILR on 14/10/09 then I reckon you can apply for BC on 14/10/2010 and your wife on on 15/06/2012

I feel I missing something tho...

krazydude · Post by **krazydude** » Tue Oct 20, 2009 8:40 am

Sorry Wanderer, I forgot to mention that I got my ILR based on the HSMP JR, so after 4 years and not 5 years.

I have a letter from the Home Office stating that I can apply for BC on 6 Sept 2009 as that is when I would complete my 5 yrs of residency.

So in essence my wife has to wait for 4 years in total (2008 to 2012) out of which 3 years on ILR to apply for BC ? But if the rule says time spent after being exempt from immigration control (that is after grant of ILR) is not counted, then how would spending another year get counted towards completion of the residential period (that is to say that from 14 Oct 2009, whatever time my wife spends with an ILR, would still count for nothing)

parvus1202 · Post by **parvus1202** » Tue Oct 20, 2009 9:14 am

If your citizenship is successful, apply for British passport and then your wife can apply as spouse of a british national which is shorter than 5 years. This is regardless of how long she got ILR as long as she has ILR upon application.

krazydude · Post by **krazydude** » Tue Oct 20, 2009 9:25 am

parvus1202, Thanks for the reply.

How long would my wife have to wait in the event that I receive BC and Passport next year (Sep/Oct 2010) ?

f2k · Post by **f2k** » Tue Oct 20, 2009 2:02 pm

15 June 2011, which is 3 years from date when she entered the UK. She can apply then if you successfully apply and get your naturalisation and then she applies as spouse of British citizen. Otherwise June 2013.

Looking at your dates it means you can apply for BC today if you want. By the way you dont need to have a British passport, just the naturalisation certificate which you get after the ceremony

krazydude · Post by **krazydude** » Tue Oct 20, 2009 4:55 pm

Thanks for the reply f2k.

I am sorry I got the dates a bit wrong in my first post.

What I meant to say is that I can apply for BC on 6 Sep 2010 not 2009, which is 1 yr after I got my ILR (as per letter sent by the Home Office)

Could someone guide me to a thread/post/webpage which explains the process of getting naturalisation/British Citizenship to getting a British Passport ?

Thanks.

krazydude · Post by **krazydude** » Tue Oct 20, 2009 4:58 pm

Double Post

Sorry

f2k · Post by **f2k** » Tue Oct 20, 2009 5:27 pm

http://www.ukba.homeoffice.gov.uk/briti ... igibility/
http://www.ukba.homeoffice.gov.uk/briti ... /applying/

even with the corrected date your wife's date still remains the same

krazydude · Post by **krazydude** » Tue Oct 20, 2009 6:01 pm

Thanks f2k

So the process is that I apply for naturalisation. Once granted, I have to attend the ceremony. How does the grant of British Passport and surrender of the Non-British Passport work ? Which stage(s) do they figure in ?

Thanks.

taliska · Post by **taliska** » Tue Oct 20, 2009 7:43 pm

parvus1202 wrote:If your citizenship is successful, apply for British passport and then your wife can apply as spouse of a british national which is shorter than 5 years. This is regardless of how long she got ILR as long as she has ILR upon application.

You don't have to get a British passport as it seems to be a common mix up that getting a passport makes you a citizen.

You Become a citizen when you take the oath at the citizenship ceremony and get your certificate.

A passport is only a travel document and you do not "have " to get one for your wife to be able to apply as the spouse of a British Citizen as Once you attend the Citizenship Ceremony you ARE a British Citizen

krazydude · Post by **krazydude** » Wed Oct 21, 2009 9:01 am

Thanks taliska

Ok so let me see if I got this right.

1. You qualify and apply for naturalisation
2. Naturalisation granted and you are instructed to take part in the Citizenship Ceremony to become a British Citizen
3. You apply for a British Passport now or it is sent to you by post by the Home Office ?
4. Surrender the now 'invalid passport'.
5. Apply for wife's British Citizenship when she qualifies (with the citizenship certificate+other required documents) and go through Steps 2,3 and 4.

Did I miss anything here ?

OFCHARITY · Post by **OFCHARITY** » Wed Oct 21, 2009 1:51 pm

You can apply for the British passport as soon as you have your naturalisation certificate in hand. Of course you have to apply for it, it is not sent automatically.

You only have to surrender your old passport if the country from which it was obtained does not allow dual nationality (eg. India)

You have got the other points right

f2k · Post by **f2k** » Wed Oct 21, 2009 2:58 pm

krazydude wrote:Thanks taliska

Ok so let me see if I got this right.

1. You qualify and apply for naturalisation
2. Naturalisation granted and you are instructed to take part in the Citizenship Ceremony to become a British Citizen
3. You apply for a British Passport now or it is sent to you by post by the Home Office ?
4. Surrender the now 'invalid passport'.
5. Apply for wife's British Citizenship when she qualifies (with the citizenship certificate+other required documents) and go through Steps 2,3 and 4.

Did I miss anything here ?

Wife's application can be made immediately after step 2 ( using the naturalisation certificate ).

YOU have to make your own application for passport thru the post office. This also can be done immediately after you get your certificate of naturalisation during the oath ceremony.

As you only get one naturalisation certificate it is probably better to apply for wife's naturalisation first. Its best to do this thru the NCS as they make copies and give you back your originals of which the naturalisation certificate is needed for your passport application.

krazydude · Post by **krazydude** » Wed Oct 21, 2009 3:36 pm

Thank you for the clarification OFCHARITY and f2k. I think now I have a far better understanding of the whole naturalisation & applying for British Passport for me and my wife.

All your inputs have been invaluable.

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Spouse Naturalisation Question

Spouse Naturalisation Question