Query regarding naturalisation application

[Shan77]

My wife received ILR in June 2015 on SET(M) application. She was on Tier 2 PBS dependent visa from November 2009 to July 2013. She then switched to FLR(M) visa in July 2013 after I was granted ILR on the basis of long residency in May 2013.

I understand that she is now eligible for naturalisation application since she received ILR on the basis of SET(M) and already lived in the UK for more than 3 years. My query is:

1. In the Naturalisation application it asks for passport as evidence of 3 years residency. As you all know that visa is issued in the form of Biometric Residence Permit (BRP) and the previous BRP is taken by Home Office when you make a new visa application. So, how she will show evidence of 3 years residency as the previous BRPs' are all taken by the Home Office. We have photocopies of the previous BRPs'. Will that do?

2. In the naturalisation guidance/booklet/application form it says that you need to show 3 years residency if you are spouse/partner of a british citizen. Please note that I am on ILR status and not a british citizen. In the application form I didn't find any place to write that she is spouse of a person who is on ILR (settled status) but not british citizen. Do we need to include a cover letter with the application to explain this?

I will greatly appreciate if senior members please advise on the above queries.

[noajthan]

My wife received ILR in June 2015 on SET(M) application. She was on Tier 2 PBS dependent visa from November 2009 to July 2013. She then switched to FLR(M) visa in July 2013 after I was granted ILR on the basis of long residency in May 2013.

I understand that she is now eligible for naturalisation application since she received ILR on the basis of SET(M) and already lived in the UK for more than 3 years. My query is:

1. In the Naturalisation application it asks for passport as evidence of 3 years residency. As you all know that visa is issued in the form of Biometric Residence Permit (BRP) and the previous BRP is taken by Home Office when you make a new visa application. So, how she will show evidence of 3 years residency as the previous BRPs' are all taken by the Home Office. We have photocopies of the previous BRPs'. Will that do?

2. In the naturalisation guidance/booklet/application form it says that you need to show 3 years residency if you are spouse/partner of a british citizen. Please note that I am on ILR status and not a british citizen. In the application form I didn't find any place to write that she is spouse of a person who is on ILR (settled status) but not british citizen. Do we need to include a cover letter with the application to explain this?

I will greatly appreciate if senior members please advise on the above queries.

Ah, be careful here.

Note If you are not (yet) a BC then your wife is not the 'spouse of a BC'.
As she has ILR it means she applies under 6(1) of BNA.
See section B of the guide:
https://www.gov.uk/government/uploads/s ... n_2015.pdf
- ref: page 4

Your wife has to be settled AND be free of immigration time restrictions.
If not married to a BC this means holding ILR for 12 months (as well as meeting all the other requirements: KOLL, good character, absences etc).

As it stands it appears your wife is eligible to apply to naturalise (with 12 months of ILR) in June 2016.

Regarding your questions...

1) As non-spouse (of BC) the residency requirement is 5 years in UK.
(The residency requirement is 3 years for the spouse of a BC).
This is usually fulfilled by submitting passports not BRP ID cards; (HO will inspect for entry/exit stamps).

2) 5 years residency is required if not married to a BC.
Your wife will apply in her own right as noted above.
There is a section on form AN for spouse/partner details so HO will receive your details; no need to add a cover letter on that point.

Note the applicant also has to show they were physically present in UK 5 years to the day before date of application;
passport usually accepted as proof.
(This again becomes 3 years for the spouse of a BC)

If one of you became naturalised as a BC any time soon then the other spouse would not have to wait 12 months with ILR.
This is because the application would then be made under 6(2) of BNA.

Hope it make sense.
Good luck.

[Shan77]

Ah, be careful here.

Note If you are not (yet) a BC then your wife is not the 'spouse of a BC'.
As she has ILR it means she applies under 6(1) of BNA.
See section B of the guide:
https://www.gov.uk/government/uploads/s ... n_2015.pdf
- ref: page 4

Your wife has to be settled AND be free of immigration time restrictions.
If not married to a BC this means holding ILR for 12 months (as well as meeting all the other requirements: KOLL, good character, absences etc).

As it stands it appears your wife is eligible to apply to naturalise (with 12 months of ILR) in June 2016.

Regarding your questions...

1) As non-spouse (of BC) the residency requirement is 5 years in UK.
(The residency requirement is 3 years for the spouse of a BC).
This is usually fulfilled by submitting passports not BRP ID cards; (HO will inspect for entry/exit stamps).

2) 5 years residency is required if not married to a BC.
Your wife will apply in her own right as noted above.
There is a section on form AN for spouse/partner details so HO will receive your details; no need to add a cover letter on that point.

Note the applicant also has to show they were physically present in UK 5 years to the day before date of application;
passport usually accepted as proof.
(This again becomes 3 years for the spouse of a BC)

If one of you became naturalised as a BC any time soon then the other spouse would not have to wait 12 months with ILR.
This is because the application would then be made under 6(2) of BNA.

Hope it make sense.
Good luck.

Dear Noajthan,
Thank you for your kind reply and the in detail information. Your excellent reply has answered all my queries. Thanks once again.