ILR JR Naturalisation Dependants and Citizenship Course

[mahlondon]

Hi folks,

This is my first post and have tried to explore the board but hasn't come to any satisfying answer to my query. I'll appreciate very much for your help.

Below are my immigration dates/details

My first HSMP in May 2005
HSMP FLR May 2006
HSMP JR ILR May 2009

I got married in 2007 and has one child.

We got ILR on the basis of ILR JR and didn't have to sit for the Citizenship test.

Now my questions please...

1. Do we need to pass Citizenship Test for Naturalisation?

2. Are we (I and my dependants) able to apply for Naturalisation at the same time?

Many thanks for your time.

Best regards
A

[wunder]

I'm not sure about 2, but you do need to pass the test to get naturalised. HSMP JR affects only test for ILR, not naturalisation.

[mahlondon]

Dear Wunder,

Many thank for your reply... much appreciated. We'll be preparing for the test now.

For the second question... we all three have same date on the letters issued with the ILRs'.

I'll be grateful if someone could come up with an answer.

Best regards

[tonytee]

You and your child will be due for naturilization one year after your ILR - ie five years in the UK. your wife will be due after four years in the UK. Infact you can apply for a registration cert and then passport for your child now being born in the UK with parents holding ILR. See previous posts above.

[mahlondon]

Actually I have been told that we can apply for naturalisation as a family at the same time although my wife has been in UK less than 3 years.

Thanks for the replies.

[John]

Actually I have been told that we can apply for naturalisation as a family at the same time although my wife has been in UK less than 3 years.

Who on earth told you that? It is total rubbish!

How can your wife pass the "applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application" test, if she has only been in the UK for 3 years?

[mahlondon]

Dear John,

Thanks for your reply. My all visa applications from my first HMP to ILR have been dealt by a solicitor and have had a very good experience with no problems.

I thought the Naturalisation is quite straightforward so thought to do it on my own.

When asked to the same solicitors about their fee (if I go through that channel) for our naturalisation application I was told CLEARLY that we can apply as a family at the same time.

So now I'm really confused. As said we have the same date on our ILR letters.

I already have booked my NCS appointment and have paid the fee in advance too.

I will really appreciate your help.

Best regards

[John]

I repeat, that is utter rubbish. The test I mentioned before, UKBA have no discretion about that particular test ..... and on the facts mentioned by you, your wife is clearly failing that test.

For visa applications there is often "drag-along", that is, your length of time in the UK can be used for other family members, but for Citizenship applications there is no "drag-along" ..... each person's record is what counts.

[Jayceesh]

As already informed by John.... your wife can not apply with you as a family now unless you wait for her to complete her own 5 years.

I am in the same scenario as you and can confirm that there is no shortcut other than this

1) Get your own naturalisation (after passing the citizenship test)
2) Once your wife is here physically for 3 years, she can apply as a wife of a British Citizen (not on her own terms but as a spouse of a BC and after passing citizenship test)

OR

You can wait for when she has been here for 5 years and you all apply together. I am sure that this option is not okay with you as it isnt okay with me at the moment (bearing in mind this is using current Home Office times for BC... it may change anytime so better to be safe than sorry).

Whoever thats informed you that there is a shortcut is a liar and you better be careful of such opinions

Re: you child, am sure he/she can apply along with you at any point and moreover there is not much to save when you have one child anyway.

[mahlondon]

Thank you John and than you Jay for all your help.... much appreciated. I'll be following Jay's advice.

Again many thanks.

Regards

[John]

Yes mahlondon, I am sure that is the way to proceed, for you to apply for Naturalisation and for application for Registration to be made for the children. Then as soon as you are British your wife is, surprise surprise, married to a British Citizen ... you! So a 3-year qualifying period will then apply for your wife.

By the way, if you download this UKBA document and then read 3.1 in particular, you will see that UKBA have no discretion about the test I have highlighted.

[mahlondon]

Thank you very much John. Yes I'll be doing that.

Thank you everyone for all your help.

Best regards