Immigration for spouse

[bubbles]

Hi,

I entered UK in Jan'2001 on Work-Permit. I got my ILR sorted out last year December(2004). My wife enter UK on my WP dependent visa in July'2002. As far as I can see on this forum. I can apply for British Citizenship. Now my question is : is my wife eligible for applying or not for British Citizenship, as she here for 2.5yrs WP + 1yr ILR .

Another question is, how much advance can I apply for citizenship ? Like for WP I applied 4 weeks advance.

Thanks for the help in adance.

[ppron747]

I entered UK in Jan'2001 on Work-Permit. I got my ILR sorted out last year December(2004). My wife enter UK on my WP dependent visa in July'2002. As far as I can see on this forum. I can apply for British Citizenship.

You cannot apply now, but you will be able to apply after you have been here for five years, in January 2006. The Act is very clear that you need to have been in the UK on a day precisely five years before submission of an application for naturalisation. You cannot apply in advance.

Now my question is : is my wife eligible for applying or not for British Citizenship, as she here for 2.5yrs WP + 1yr ILR .

Once you are a British citizen, you wife will be eligible to apply immediately, as the residence requirement for spouses of British citizens is three years.

Alternatively you could both wait until your wife meets the five year requirement for people who aren't married to British citizens, which would save you a couple of hundred pounds. The present fee for one applicant is £268 (including the ceremony fee) while a joint application for husband and wife costs £336 (including two separate ceremony fees)

Have a look at the application form and guidance notes at http://www.ind.homeoffice.gov.uk/ind/en ... %20New.pdf

[bubbles]

Now that is some response you can appreciate.

Many thanks!

I think I will go for the path of applying myself in Jan'2006 and then for my wife. Cost is not a big problem for me, as I already spent a lots of money and time on [processing visa's for travelling France for my work.

Once I have British Passport, atleast I will not have to get the visa for France. Which will save my money and time.

Thanks again!


One other question, my baby was born in UK while I was on WP. Can I appy for my baby or baby will have to wait till I get BC ?

[ppron747]

Cheers, bubbles!

If your baby was born after you gained indefinite leave to remain, he or she is already a British citizen, under section 1(1)(b) of the Britisn Nationality Act 1981.

If not, you'll need to apply to register him or or her - and you can do that now - have a look at Guide and Form MN1, which you can find by scrolling down the list at http://www.ind.homeoffice.gov.uk/ind/en ... orms.html?

Your baby would come under Section A in the Guide, which is "for children born in the United Kingdom after 1 January 1983 who are not British citizens at birth but one of whose parents later becomes a British citizen or becomes settled in the United Kingdom." (You became "settled" in the UK within the meaning of the Act when you were given ILR).

It is only instinct, but my own inclination would be to wait until you're eligible to apply, and then include baby in your application. You'll still have to pay a separate fee for baby, but it means that the Home Office won't have two separate files floating round at the same time.

One more thing - it is a very good idea to use the Nationality Checking Service, if you have an office near you. Well worth the extra money, judging from people's reports on this board.



all the best

[John]

Just to add to what Paul has written, if the child was born before you and your wife got ILR then as mentioned, the form MN1 can be completed to get the child registered as British.

Alternatively, given that you will soon be completing a form AN(NEW) for your own naturalisation, you could include the child on that form ... and pay an extra £200 for the privilege (same fee as for the MN1 form). One aspect you may consider to be an advantage by going down the AN(NEW) route is that the Certificate of Naturalisation for you, and the Certificate of Registration for your child, will both get presented at the same Citizenship Ceremony.

Finally, just to reiterate what Paul has already said, if the child was born when you and your wife already had ILR then the child is already British and no application for Citizenship is needed. That is, in this circumstance, it is merely a question of applying for the child's British Passport. Not unreasonably the settled status of the parent(s) is required to prove your child's status, But that could easily be done by submitting your wife's passport.

[JAJ]

Just to add to what Paul has written, if the child was born before you and your wife got ILR then as mentioned, the form MN1 can be completed to get the child registered as British.

And to reiterate the point - the child can be registered as British *now* - there is no need to wait until the parent applies for citizenship. I don't see much risk in there being two files at the same time, as registrations of children (not connected to an adult application) are normally processed quickly. An application for s1(3) registration should typically take 1-2 months to complete and in the vast majority of instances (except if child has turned 18 during processing) there is no need for a citizenship ceremony.

Finally, just to reiterate what Paul has already said, if the child was born when you and your wife already had ILR then the child is already British and no application for Citizenship is needed. That is, in this circumstance, it is merely a question of applying for the child's British Passport. Not unreasonably the settled status of the parent(s) is required to prove your child's status, But that could easily be done by submitting your wife's passport.

Only one parent needs to have ILR (at the time of birth) for the child to be automatically British. The OP should be more clear about exactly when the child was born, compared to the dates he and his wife obtained ILR.

[John]

there is no need for a citizenship ceremony

Absolutely ... but what an experience for a child .. if they are old enough to remember!

My step-daughter was 9 years old in June last year when she attended the Citizenship Ceremony with her mother, my wife. They were both presented with their certificates by the Lord Mayor of Birmingham at the ceremony at Birmingham's Council House. My step-daughter did not need to be there (they would have handed her certificate to my wife) but we are all very pleased that she was there in person.

An application for s1(3) registration should typically take 1-2 months

... which of course is longer than if a Naturalisation application is submitted via an NCS office.

Also, only one application form to complete rather than two.

[bubbles]

Thanks guys for prompt response and information.

This information is really very useful for me to decide. Sometimes its pain to go through home office documents/website to find one simple answer. And I have got all my questions answered within matter of hours.

Thanks again!

[John]

Bubbles, glad we all helped.

Out of interest ... the child was born .... before or after you and your wife got your ILRs? That is, is the child British now, or will an application need to be made?

[bubbles]

My child was born before my ILR. So, I will have to apply for it.

Bubbles, glad we all helped.

Out of interest ... the child was born .... before or after you and your wife got your ILRs? That is, is the child British now, or will an application need to be made?

[Kayalami]

Only one parent needs to have ILR (at the time of birth) for the child to be automatically British. The OP should be more clear about exactly when the child was born, compared to the dates he and his wife obtained ILR.

The British Nationality Act considers the 'parent' as the:

1. The mother of the child
2. The father of the child only if he is married to the mother.

Where 2 occurs after the child's birth then he is considered to have been legitimated - accordingly he would be entitled to British Citizenship as if mariage had occured before conception.

I beleive there are sections of the NIA 2002 Act endeavouring to end this discrimination but they are yet to come into effect.

[JAJ]

Only one parent needs to have ILR (at the time of birth) for the child to be automatically British. The OP should be more clear about exactly when the child was born, compared to the dates he and his wife obtained ILR.

The British Nationality Act considers the 'parent' as the:

1. The mother of the child
2. The father of the child only if he is married to the mother.

Where 2 occurs after the child's birth then he is considered to have been legitimated - accordingly he would be entitled to British Citizenship as if mariage had occured before conception.

I beleive there are sections of the NIA 2002 Act endeavouring to end this discrimination but they are yet to come into effect.

And in the meantime the Home Office *will* normally register as British the child of an unmarried father where the child would have been British if the parents had been married.

Provided application is made before the child is age 18.

This is done under s3(1) of the British Nationality Act 1981. The policy has been in place since early 2000, and is in the Nationality Instructions. However, for reasons known only to the Home Office, it not advertised anywhere on the pages of the IND website that the general public typically use.

Most British missions overseas don't advertise the policy either. One of the exceptions is the British High Commission in Canberra.

Every now and then a fuss is made when a child in this situation is refused a British passport and no-one (least of all the parents) seems to understand how simple the registration process is.

[bubbles]

Didn't want to open another thread!


I just booked appointment to go to Dudley for NCS application. I got couple of questions.

1. Do I need to take my kid with me ?
2. Whats the response time of Dudley NCS, I mean does it take longer or quicker
3. After application how many weeks I should wait before contacting HO for progress ?
4. I couldn't find fees anywhere, how much will be all fees.

Thanks in advance!

[John]

Bubbles, I think I have to say, why not clarify those issues with Dudley NCS? They are certainly the only people who can tell you the NCS checking fee .... is it £30 + VAT? ... or is it more because of the application for a child to be registered as well?

The application fee itself? £268 for you plus £200 for your child. How do you intend to pay that? Paying by cheque will slow the process down a bit, while the cheque clears. So if possible pay by debit or credit card.

How long? You can expect the NCS office to forward the application promptly. Judging by the experience of others posted on this Board you should hear back within a month of applying via NCS.

[bubbles]

Guys,

I applied for BC at NCS Dudley. I will update the TIMELINE thread with more details.

One last question:

When can I put application for wife's BC to NCS/HO ?

1. Once I received Approval letter
2. Once I finished with ceremony
3. Once I received British Passport
4. Once I received acknowledgement letter from HO

Thanks in advance!

[ppron747]

....When can I put application for wife's BC to NCS/HO ?

You will be a British citizen as soon as the Ceremony is over, and you have the certificate in your hand. Is the NCS office in the same place as the ceremony? Why not save making two trips, and do them both on the same day?:) No-one would be able doubt your wife's enthusiasm!!!

[John]

As already stated, based upon what you have posted in the past, your wife is eligible to apply for naturalisation as soon as you are a British Citizen ... the moment your Certificate of Naturalisation is handed to you.

But when she applies do ensure that she passes the "applicant was physically in the UK exactly three years before IND receive the naturalisation application" test. That is, do look at the dates she was in the UK, and outside the UK, to ensure that there was no holiday etc that might delay the application for a short while.

Your wife has already passed the Citizenship Test?

[bubbles]

Thanks Guys!

I live in South West (Near Bath), don't know where will be ceremony. Anyway, I will make sure my wife passes test before ceremony and then we will be ready to apply straight away.