Out of Country after ILR****Citizenship query

[SAL1313]

Dear all,

A query:

I recieved ILR 2 weeks ago. Now my questions are as below:

1. If I recieved ILR as dependant to my wife (through WP route), does it matter that she now leaves the country and I stay for me to get Citizenship? Am I independent on my application now on?

2. If we both leave and after living abroad for 1 year, we decide to come back to england, could we get citizenship after staying for 12 months then?

Please advise on both questions?

Your help will be most appreciated!!!

[geriatrix]

1. No and Yes.
But when you become eligible for naturalisation will depend on whether you apply for naturalisation on your own merit or as spouse of British citizen.
2. Yes, provided you meet the standard requirements for naturalisation on your own or as spouse of British citizen - at the time of application.


regards

[SAL1313]

Thank for your reply sushdmehta but I am confused.

as per your point 1, what would the requirements be to apply for citizenship as a spouse OR on my own merit? Can you advise please.

Also, both me a my wife got ILR together 2 weeks ago so we will only be due together for naturalisation, hence I cannot apply as partner of a british citizen as she too will be sending her application.

As per your point 2, What would be the standard requirements for naturalisation on my own?

I came here on WP in Jun 2005 and then in Feb 2008 moved to dependant's visa with my wife (she was on WP) and we got ILR in May 2010.

Please clarify as we are confused if we should go away for a year together and then come back to stay 12 months to get citizenship or if she should go and I stay here alone to get citizenship as we have other opportunites come up.?

Appreciate your help!!!

[f2k]

if you came in June 2005 it means you will be eligible on your own right under the 5yr route so your wife being away shouldnt affect your application. Naturalisation applications are dealt with on an individual basis, there are no dependents

Standard Requirements

[SAL1313]

hi thanks,

yes i did enter UK on june 2005 and as i said was on WP till Feb 2008 and moved to dependant VISA, getting ILR 2 weeks ago

so you are saying i get naturalisation 12 months after ?
also, is it important that i am employed in these 12 months? what if I do not work anywhere in this year but stay in the UK? is that a problem?
please help!!!

[John]

SAL1313, you have been provided with a link by f2k. Those are the rules; please don't try to invent new rules!

[SAL1313]

Hey John,

Thanks for popping into the thread, however not to be cheeky would have actually appreciated more if you would have just clarified my doubt..As you can imagine we are here to clarify the doubts/confusions that all these processes make us face-and we do appreciate the help!!

Basically, am not trying to invent anything new cus simply in the link that sushd has left, If i scroll down on documentation requirements it says :

Evidence of exercising treaty rights for five years
We require evidence to cover the relevant five-year period. You should provide:

â– P60 tax certificates; or;
â– an employer's letter confirming employment; or
â– a benefits letter confirming job seekers' allowance claimed; or
â– a benefits letter confirming incapacity benefit claimed; or
â– documentary evidence confirming pension received.

Now, I would only recieve a P60 of I am employed here so does that mean if I do not work in my final year of ILR, I dont qualify for naturalisation???? This is where my question originated from, hope you can see why??

As always-appreciate any help!!

Cheers

[joelondon]

Hey John,

Thanks for popping into the thread, however not to be cheeky would have actually appreciated more if you would have just clarified my doubt..As you can imagine we are here to clarify the doubts/confusions that all these processes make us face-and we do appreciate the help!!

Basically, am not trying to invent anything new cus simply in the link that sushd has left, If i scroll down on documentation requirements it says :

Evidence of exercising treaty rights for five years
We require evidence to cover the relevant five-year period. You should provide:

â– P60 tax certificates; or;
â– an employer's letter confirming employment; or
â– a benefits letter confirming job seekers' allowance claimed; or
â– a benefits letter confirming incapacity benefit claimed; or
â– documentary evidence confirming pension received.

Now, I would only recieve a P60 of I am employed here so does that mean if I do not work in my final year of ILR, I dont qualify for naturalisation???? This is where my question originated from, hope you can see why??

As always-appreciate any help!!

Cheers

you mean u dont want to apply for job seeker allowance ??? then u have to show enough saving that u use to live from !!! simple ...bank statement of saving !!! good luck

[John]

Basically, am not trying to invent anything new cus simply in the link that sushd has left, If i scroll down on documentation requirements it says :

Evidence of exercising treaty rights for five years

That is your interpretation, that you are not inventing requirements. But I say that now you are trying to pretend that you have been in the UK for 5 years exercising EU/EEA Treaty Rights, but that is not your path to ILR at all, is it!

The fact is that you got your ILR after HSMP dependency and having come down that route there is no need to supply any evidence of employment at all. Indeed you might never have worked in the UK at all. You might have been a househusband and never been in paid employment, but that would not stop you going for Naturalisation when time-qualified to apply.

[SAL1313]

Thanks.

Yes of course not exercising the EU treaty etc. rights.

Now, to sum up can you clarify the below 2 queries for me please:

a) so I got ILr based on my wife's WP for 5 yrs, she has now left the country and will not live in the UK anymore and I am still here, so basically after completing 1 yr on my ILR, I can apply for naturalisation?

b) If after staying away from UK for over a year my wife moves back to the UK, would she then be able to apply for naturalisation after staying here for 1 year on her ILR? but in that case the absence out of UK clause will hold her as she would stay out this 1 year (365 days and already has 180 days in last 5 yrs)? Basically, how can she qualify for naturalisation after a year?

Thanks as always

[geriatrix]

a) so I got ILr based on my wife's WP for 5 yrs, she has now left the country and will not live in the UK anymore and I am still here, so basically after completing 1 yr on my ILR, I can apply for naturalisation?

As you have been in the UK since June 2005, you may be eligible to apply for naturalisation subject to the residential requirements for naturalisation being met (Standard requirements, the link for which f2k has already provided).

b) If after staying away from UK for over a year my wife moves back to the UK, would she then be able to apply for naturalisation after staying here for 1 year on her ILR?

No.

but in that case the absence out of UK clause will hold her as she would stay out this 1 year (365 days and already has 180 days in last 5 yrs)?

The response above (no) is for this very reason.

Basically, how can she qualify for naturalisation after a year?

She cannot. She may be eligible to apply for naturalisation as and when she fulfils the same standard requirements that apply to you (link above). You'll need to compute the eligibility date(s) based on the absences from UK, keeping in mind the allowed allowances in the years preceding the application.

regards

[geriatrix]

Thank for your reply sushdmehta but I am confused.

as per your point 1, what would the requirements be to apply for citizenship as a spouse OR on my own merit? Can you advise please.

Let me clarify my point though it is (now) irrelevant given the additional information from your end. Please note that the following explanation is based on information that you provided in your initial (opening) post (where there was no mention of you being in UK since June 2005).

Were you to take the route to naturalisation as a spouse of British citizen then, unless you had spent 5 yrs in the UK (which became clear later that you have), you couldn't have applied for naturalisation at the same time as your spouse. Only when your spouse received confirmation of British citizenship could you have applied for naturalisation as spouse of British citizen, subject to residential requirements for spouses / partners being met (if you read through the link, you'll notice the difference in period of stay in UK and allowed absences from UK).

Now that it is known that you've been in the UK since June 2005 (which wasn't mentioned in your initial post and hence I was unaware of it then), it is clear that you are eligible to apply for naturalisation at the same time as your spouse after both of you complete 1 year from the date of being granted settlement (ILR) - if you wish to and meet the standard requirements at the time of application.

Hope this clarifies the confusion (if it remained until now) or have I confused you even more?


regards