Whats Next?

[jamalkhan]

I have an ILR(M) spouse of British Citizen - ILR was given in October 2009

When Can I apply for British Passport?
Do I have pass any other tests?

Can anyone point me in the right direction please?

[JulesN19]

If you are not currently a British citizen, then you must be naturalised as one before you can apply for a British passport.

The requirements for a successful naturalisation application for spouses/civil partners of British citizens:
1. Aged 18 or older
2. Sound mind
3. Ability to communicate in English to an acceptable degree
4. Sufficient knowledge of life in the UK
5. Good character
6. Residence in the UK for three years as of the date of the application

Additionally, you must already have indefinite leave to remain as of the date of your application.

I take it as given that you are at least 18 and of sound mind.

Demonstration of the ability to communicate in English and of sufficient knowledge of life in the UK is normally done by passing the Life in the UK Test. (The alternative method is to pass an appropriate ESOL course with citizenship material.) To receive ILR in October 2009, you must have satisfied this requirement. You can use your Life in the UK Test pass (or ESOL course with citizenship material) again toward the naturalisation application without any need to re-take any exam.

Good character basically means that you do not have a criminal record, propensity to commit acts of terrorism, and so forth. Some people have problems because of convictions for such offences as drunk driving or driving without insurance.

You must be able to show that you have been legally resident in the UK for at least three years. Thus, if you applied today, you should have moved to the UK not any later than 6 January 2007. If you were living elsewhere within the past three years, then you need to wait.

For the purposes of the three-year residence requirement, the rules recognise that you may have gone on holiday or taken business trips abroad since moving to the UK. The main point is moving here at least three years ago and maintaining legal residence for the entire three years. Also, your trips abroad should not add up to more than 270 days within the past three years and should not add up to more than 90 within the past year.

I hope that this helps. I encourage you to read the following from the UK Border Agency:
Requirements for naturalisation if you are married to or the civil partner of a British citizen
Form AN: Application for naturalisation as a British citizen
Guide AN: Naturalisation as a British Citizen - A Guide for Applicants

[joelondon]

If you are not currently a British citizen, then you must be naturalised as one before you can apply for a British passport.

The requirements for a successful naturalisation application for spouses/civil partners of British citizens:
1. Aged 18 or older
2. Sound mind
3. Ability to communicate in English to an acceptable degree
4. Sufficient knowledge of life in the UK
5. Good character
6. Residence in the UK for three years as of the date of the application

I take it as given that you are at least 18 and of sound mind.

Demonstration of the ability to communicate in English and of sufficient knowledge of life in the UK is normally done by passing the Life in the UK Test. (The alternative method is to pass an appropriate ESOL course with citizenship material.) To receive ILR in October 2009, you must have satisfied this requirement. You can use your Life in the UK Test pass (or ESOL course with citizenship material) again toward the naturalisation application without any need to re-take any exam.

Good character basically means that you do not have a criminal record, propensity to commit acts of terrorism, and so forth. Some people have problems because of convictions for such offences as drunk driving or driving without insurance.

You must be able to show that you have been legally resident in the UK for at least three years. Thus, if you applied today, you should have moved to the UK not any later than 6 January 2007. If you were living elsewhere within the past three years, then you need to wait.

For the purposes of the three-year residence requirement, the rules recognise that you may have gone on holiday or taken business trips abroad since moving to the UK. The main point is moving here at least three years ago and maintaining legal residence for the entire three years. Also, your trips abroad should not add up to more than 270 days within the past three years and should not add up to more than 90 within the past year.

I hope that this helps. I encourage you to read the following from the UK Border Agency:
Requirements for naturalisation if you are married to or the civil partner of a British citizen
Form AN: Application for naturalisation as a British citizen
Guide AN: Naturalisation as a British Citizen - A Guide for Applicants

hey ...and what about if you are married to EEA ..and have a Permanent resident !!!!??? what are the rules ???are they the same rules apply ...!!!!

thanks

[JulesN19]

hey ...and what about if you are married to EEA ..and have a Permanent resident !!!!??? what are the rules ???are they the same rules apply ...!!!!

thanks

No, the rules are different if you are not the spouse or civil partner of a British citizen. The requirements are:
1. Aged 18 or older
2. Of sound mind
3. Intention to continue living permanently in the UK following naturalisation
4. Ability to communicate in English
5. Sufficient knowledge about life in the UK
6. Good character
7. Residence in the UK for at least five years before application

Additionally, you must have held permanent residence for at least one year on the date of the application.

I take it that 1 to 3 above apply to you.

My understanding is that EEA nationals and their family members in the UK with them automatically acquire permanent residence after five years of residence here whilst the EEA national is exercising treaty rights. For this reason, you would not have taken the Life in the UK Test (or ESOL course with citizenship material) to obtain your permanent residence status. For this reason, you should plan to take the Life in the UK Test before you apply for citizenship. You will not meet requirements 5 and 6 above unless you pass the test (or the alternative course).

You should be able to prove that you have legally resided in the UK for the past five years and that you have had permanent residence for at least 1 year.

[86ti]

3. Intention to continue living permanently in the UK following naturalisation

Formally that may be requested but how do you want to prevent a British Citizen, who is also automatically a Union citizen, from moving aroad? Either you are a citizen or you are not. There is no such thing as a second class citizen.

7. Residence in the UK for at least five years before application

That's not right. The general requirement is to be free of immigration restrictions for at least 1 year (under current rules). On the EEA route this means one year after PR but PR can be obtained earlier in exceptional circumstances (if the EEA spouse dies and the death is work related than there is no time limit, otherwise it is after two years of work).

Hence, the requirements are essentially the same.

[JAJ]

3. Intention to continue living permanently in the UK following naturalisation

Formally that may be requested but how do you want to prevent a British Citizen, who is also automatically a Union citizen, from moving aroad? Either you are a citizen or you are not. There is no such thing as a second class citizen.

But if you're not living in the UK at time of application, or during processing, or otherwise give a strong indication of plans to leave, citizenship can be refused.

7. Residence in the UK for at least five years before application

That's not right. The general requirement is to be free of immigration restrictions for at least 1 year (under current rules). On the EEA route this means one year after PR but PR can be obtained earlier in exceptional circumstances (if the EEA spouse dies and the death is work related than there is no time limit, otherwise it is after two years of work).

Hence, the requirements are essentially the same.

[/quote]

There is still a 5 year residence requirement.

[joelondon]

7. Residence in the UK for at least five years before application


what about this ....??? if you have been given the PR ...it means that you already exercise your treaty right for 5 years of residency or no ????

in that case what proofs i can send in that case ...???

is it possible to send just the last year P60 and pay slips ? as in my passport shows the 5 years of temporary resident ...thanks for your help

[joelondon]

hey ...and what about if you are married to EEA ..and have a Permanent resident !!!!??? what are the rules ???are they the same rules apply ...!!!!

thanks

7. Residence in the UK for at least five years before application

what about this ....??? if you have been given the PR ...it means that you already exercise your treaty right for 5 years of residency or no ????

in that case what proofs i can send in that case ...???

is it possible to send just the last year P60 and pay slips ? as in my passport shows the 5 years of temporary resident ...thanks for your help

[jamalkhan]

Thanks for the response

2 questions

1. Can you apply for british citizenship from abroad? providing you have satisfied all the conditions and have been in the country for last 3 years (not exceeded 270 days and 90 days limit)

2. Do you have to legally stay in the country for 3 years - What about if you had immigration issues before that but you have spent 11 years in total

[JulesN19]

3. Intention to continue living permanently in the UK following naturalisation

Formally that may be requested but how do you want to prevent a British Citizen, who is also automatically a Union citizen, from moving aroad? Either you are a citizen or you are not. There is no such thing as a second class citizen.

7. Residence in the UK for at least five years before application

That's not right. The general requirement is to be free of immigration restrictions for at least 1 year (under current rules). On the EEA route this means one year after PR but PR can be obtained earlier in exceptional circumstances (if the EEA spouse dies and the death is work related than there is no time limit, otherwise it is after two years of work).

Hence, the requirements are essentially the same.

(1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—

(a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and

(b) that he is of good character; and

(c) that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and

[(ca) that he has sufficient knowledge about life in the United Kingdom; and]

(d) that either—

(i) his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or

(ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty's government therein is a member, or service in the employment of a company or association established in the United Kingdom.

(2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are—

(a) that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and

(b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and

(c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

(d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

(3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom.

As you can see, if you are not the spouse or civil partner of a British citizen, you must normally be able to show that you have been free from immigration restrictions for at least one year and that you have resided in the UK for the past five years as of the date of the application.

It is true that it would be difficult to ascertain someone's true intent as to whether they plan to maintain their principal place of residence. The form asks the place where you plan to have your principal home. If it became evident after naturalisation that you had lied and that your intent was to leave the UK as soon as you had British citizenship, then I suppose you could be prosecuted and have your citizenship revoked on the grounds that you had obtained it by fraud. However, I suspect that such cases are extremely rare.

[BLK235]

3. Intention to continue living permanently in the UK following naturalisation

Formally that may be requested but how do you want to prevent a British Citizen, who is also automatically a Union citizen, from moving aroad? Either you are a citizen or you are not. There is no such thing as a second class citizen.

For more information about future intentions see British Nationality Casework Instructions

[86ti]

Thanks for pointing out the relevant bits to all who corrected me and clarified!