Spouse of British Citizen Residence requirements - question.

[mcove]

Hello

I have read the FAQ, but still a little confused on when my wife can apply for her citizenship.

I will be applying for the BC in November after completing 1 year ILR requirement and 5 year residence (Work permit route). My wife came to the UK 2 years ago and received her ILR last November same time as me.

I have found the following in FAQ section of the BC forum:
"If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements".

My question is:
After I become a British Citizen some time after November 2013, my wife will become a wife of British Citizen with more than 2 years residence period and 1 year of ILR. Can she apply as soon as she meets 3 years residence requirement (which is one year from now) or she must be in the country for 3 years as a wife of British Citizen (3 years from the date when I get BC).

Sorry if it has been answered before.

Thanks a lot in advance.

[Amber]

Once you are naturalised, your spouse will be eligible after 3 years of residence and having ILR subject to meeting the other requirements. So long as the residence was legal then it does not matter if you were British all the period.

[mcove]

Once you are naturalised, your spouse will be eligible after 3 years of residence and having ILR subject to meeting the other requirements. So long as the residence was legal then it does not matter if you were British all the period.

That's great news.
Thanks a lot.

[syedyasir4]

.But i dont understand one thing if the criteria is 3 year why on the main website of ukba mention that u have to wait 5 years pls refer this page espacially read these paragraps-

START OF THE ESIDENTIAL QUALIFYING PERIOD:
where it says in the second para that you cannot count time you have spent in the UK while exempt frm immigration control as part of the residential quakifying period-

IMMIGRATION TIME RESTRICTION:
In this para UKBA giving example which im copying :
""For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time""

PLS SEE THIS LINK SND MAKE ME UNDERSTAND-
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

[syedyasir4]

But i dont understand one thing if the criteria is 3 year why on the main website of ukba mention that u have to wait 5 years pls refer this page espacially read the last three paragraps-

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

[Amber]

It is 5 years unless you are the spouse or civil partner of a British Citizen, then it's 3.

The route to settlement for partners under domestic law is now 5 years, meaning that those people (who do not have ILR and are under the new rules) will have to wait 5 years, until they are settled and as you need to be settled to naturalise, they'll have to wait 5 years even though the residentcy requirement is only 3 years. Although, such applicants do not have to have settlement for 12 months unlike those who are not the spouse or civil partner of a British Citizen.