Naturalization/ILR for dependent.

[san12]

Recently I am registered as British citizen under Border, citizenship and Immigration bill 2009( Section 4b of British nationality Act 1981)

Before becoming British Citizen I was on student visa in U.K with my spouse who was dependent living toghter since 2002.
Now its time for my dependent spouse to apply for Naturalization/ILR

According to my understanding my spouse need to get ILR first by using SET(M) form and then apply for Naturalization by using Form(AN) or is it possible to apply for naturalization without getting ILR?

One of the requirement for naturalization for someone married to British citizen is "free from immigration time restriction on the day you apply"

That means that the application can be made just after getting ILR

Please correct me what is the right process/advise for my dependent to apply for British citizenship?

[John]

What sort of visa does your wife currently have, and when was that visa issued?

[san12]

What sort of visa does your wife currently have, and when was that visa issued?

The main applicant is on student visa in U.K and become British citizen by registration using BO(S) form. The spouse is a dependent of a student of the main applicant who need to apply for ILR/Naturalization.

The application for main applicant and the spouse application for further leave to remain under Tier 4 is still under consideration however the application for British citizenship is successful.

Nationality checking service is been used to make application for citizenship before making an application under Tier 4.

[John]

I think your wife now needs to use form FLR(M) to apply for a 2-year spouse visa. Near the expiry of that 2-year visa she would apply for ILR, or whatever it is called at the time.

[san12]

I think your wife now needs to use form FLR(M) to apply for a 2-year spouse visa. Near the expiry of that 2-year visa she would apply for ILR, or whatever it is called at the time.

Thanks for your reply John. what is your opinion about other possible options if any?

As my wife is a dependent and living with me since 2002. The requirement of SET(M) is

You should use application form SET(M) if you:

â– currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
â– have lived here for two years in this category; and
â– are still planning to live together (and are still married or in a civil partnership, if applicable).

As change in the law makes me British citizen and my wife status is dependent on me since she is in this country.

[geriatrix]

Currently she is in UK as a dependent of a student. Therefore, she does not fulfil the first two (of the three bulleted) requirements of the SET(M) form.

Since you have recently been granted British citizenship, she must change her immigration status from a *dependent of a student* to *spouse of a British citizen / settled person*. This is to be done using FLR(M) form, as John has already suggested.

After she completes 2 years in UK as spouse of British citizen (you), she will then fulfil the first two requirements as given in SET (M) form and assuming that she intends to fulfil the 3rd one too, she will qualify for ILR.

regards

[John]

sushdmehta, nicely put.

san12, the sooner your wife uses form FLR(M) and gets her 2-year spouse visa, the sooner she will end up with her ILR. Don't delay! Absolutely no need to wait until near the end of her current visa.

[san12]

sushdmehta, nicely put.

san12, the sooner your wife uses form FLR(M) and gets her 2-year spouse visa, the sooner she will end up with her ILR. Don't delay! Absolutely no need to wait until near the end of her current visa.

Thanks John and Sushmehta for your advise.
As my application and my dependent wife is with Home office under Tier 4. Our visa expired in November 2009. What is your advise if application under Tier 4 will not be successful?
If this happen she can still apply by using FLR(M)?

[John]

A couple of points to make. Firstly your visas did not expire in November. I say that and am assuming that the applications for new visas were submitted prior to the expiry date printed on the old visas? Yes? Assuming that to be the case Section 3C protection came into force and the old visas are "treated as continuing" even though the stated expiry date has past.

Given that you are now British, and before that you made the Tier 4 visa application, you now need to formally withdraw that Tier 4 application. at the same time your wife needs to vary her application, from Tier 4 Dependant to Spouse. So the form FLR(M) should be submitted, and in a covering letter your wife should formally withdraw her Tier 4 Dependant application.

In fact, thinking about it, your wife's FLR(M) application should be submitted, by post to Durham, and after you are sure payment has been taken OK, only then should you write and formally withdraw your Tier 4 visa application.

Doing it in that order will ensure that there is no chance of your wife's Section 3C protection lapsing.

[san12]

A couple of points to make. Firstly your visas did not expire in November. I say that and am assuming that the applications for new visas were submitted prior to the expiry date printed on the old visas? Yes? Assuming that to be the case Section 3C protection came into force and the old visas are "treated as continuing" even though the stated expiry date has past.

Given that you are now British, and before that you made the Tier 4 visa application, you now need to formally withdraw that Tier 4 application. at the same time your wife needs to vary her application, from Tier 4 Dependant to Spouse. So the form FLR(M) should be submitted, and in a covering letter your wife should formally withdraw her Tier 4 Dependant application.

In fact, thinking about it, your wife's FLR(M) application should be submitted, by post to Durham, and after you are sure payment has been taken OK, only then should you write and formally withdraw your Tier 4 visa application.

Doing it in that order will ensure that there is no chance of your wife's Section 3C protection lapsing.

Thanks John for good advise. Just to clarify, As my BN(o) passport and my wife passport is in Home office. As per advise I make a formal letter to withdraw my Tier 4 application and my wife can submit her application FLR(M) with the that letter.

Can we withdraw the application at the same time and submit application for FLR(M)?

[John]

The only thing that concerns me about that is the Section 3C protection. We need to ensure that your wife does not become an overstayer.

So I still think that the FLR(M) application should be submitted next ... with covering letter pointing out that Tier 4 Dependant application is outstanding. We need to ensure that this is treated as a variation of application.

The way the Section 3C protection is worded, it lasts as long as UKBA take to deal with the application, and if for some reason the application is declined then until the time for appealing against that expires, and for a further period of time if an appeal is actually submitted.

However if the application is withdrawn then I fear that the Section 3C protection will simply end, leaving your wife as an overstayer ... not a good idea!

[san12]

The only thing that concerns me about that is the Section 3C protection. We need to ensure that your wife does not become an overstayer.

So I still think that the FLR(M) application should be submitted next ... with covering letter pointing out that Tier 4 Dependant application is outstanding. We need to ensure that this is treated as a variation of application.

The way the Section 3C protection is worded, it lasts as long as UKBA take to deal with the application, and if for some reason the application is declined then until the time for appealing against that expires, and for a further period of time if an appeal is actually submitted.

However if the application is withdrawn then I fear that the Section 3C protection will simply end, leaving your wife as an overstayer ... not a good idea!

Thanks John for your time and and valuable advice for me.

Now it is clear to me that my wife needs to make her FLR(M) application and once the Home office charges fees then I can make an application to withdraw my Tier 4 pending application.

Can my wife file her application without passport as it is with the home office( She has copies attested by notary). ?

I am also waiting for a letter to attend my citizenship ceromony but I have confirmation that my application is successful. So does copy of this letter would be sufficient for the purpose of supporting my wife application?

Just in case if my application under tier 4 rejects before they receive an application for my wife FLR(M) ,what options are for her to overcome with these problems.

Regards

[John]

san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."

So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.

And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.

Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.

She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.

Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.

It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.

[ls001008]

Dear John,

I have the similar issue as san12, the only difference is that my spouse is a full british citizen but less than required 21 years of age to make an application ofor FLR(M).. I have recently made a tier 4 application to extend my current stay so as not to become an overstayer until she turns 21 late mid this year..

Should my Tier 4 application get declined, I think it might be difficult to obtain the FLM(M) visa. Do you suggest I wait till the outcome of my application is decided or Withdraw my application and apply for FLR(M)?

I'm not sure if the UKBA will hold the application until she is 21 before it is processed or a decision could be made before then.

I look forward to receiving your response.

Regards,

James

[John]

James, I think at the moment stick with just the Tier 4 application. And certainly don't withdraw it. Hopefully that will get granted, and your timing problem goes away, but if it is declined, try to "buy extra time" by appealing against the rejection.

I don't think that the FLR(M) should be submitted before your spouse's 21st birthday.

In which month is your spouse's 21st birthday?

[ls001008]

Dear John,

Thank you for your advise. She'll be 21 in august.. I know of someone that made the applicaton prior to her spouse 21st day and was granted.. I dont know how but I do not want to risk it.

If I do make the application, will be rejected on the basis that she is not 21 yet or will the office hold on to the application until she is 21. Someone did told me that they are likely to hold it until she is 21.

I look forward to receiving your response.


Regards,

James

[san12]

san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."

So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.

And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.

Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.

She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.

Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.

It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.

Thanks John, your advice is of great help to me. Really appreciated.

[ls001008]

Dear John,

Thanks for your previous advise.

I am still awaiting your advise on my last post.

Kind regards,

James

[John]

James, I don't know what I can add. I still think that you should wait until the 21st birthday, and only consider doing something else if the current visa application gets rejected.

[san12]

san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."

So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.

And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.

Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.

She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.

Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.

It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.

Thanks John, your advice is of great help to me. Really appreciated.

Hi John
As advised by you I went to local registrar office and managed to book my ceromony on 23/02/10. I will post ,application of my wife straight after the ceromony.
Once again thank you for your advise and help to me.

[san12]

san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."

So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.

And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.

Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.

She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.

Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.

It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.

Thanks John, your advice is of great help to me. Really appreciated.

Hi John
As advised by you I went to local registrar office and managed to book my ceromony on 23/02/10. I will post ,application of my wife straight after the ceromony.
Once again thank you for your advise and help to me.

Dear John
As mentioned my ceromony is tommarrow. I want to make an application for my wife on FLR(M). I need some advice for the letter ,you have mentioned to me earlier. Please advise for any changes needed;

To


The UK Border Agency
Durham
DH99 1WR

Dear Sir/madam

Subject: FLR(M) application for my spouse.

In reference to application made by my spouse Mr XXX XXX, DOB: XX/XX/XX

The passport of my spouse and mine is with the Home office for the application made under Tier-4 reference number SXXXXX and RXXXXX

Recently my application for British Citizenship is successful and I would like to request Home office to consider this application as varying of an existing application.

Therefore, please consider the application of my dependent spouse as a dependent of a settled person.


Thanking you

Your sincerely

[John]

The UK Border Agency
Durham
DH99 1WR

Dear Sir/madam

Subject: FLR(M) application for my spouse.

In reference to application made by my spouse Mr XXX XXX, DOB: XX/XX/XX

The passport of my spouse and mine is with the Home office for the application made under Tier-4 reference number SXXXXX and RXXXXX

Recently my application for British Citizenship is successful and I would like to request Home office to consider this application as varying of an existing application.

Therefore, please consider the application of my dependent spouse as a dependent of a settled person.


Thanking you

Your sincerely

It is your wife that is making the application on form FLR(M), so I think the letter should be from her.

So I think she should write something like :-

The UK Border Agency
Durham
DH99 1WR

Dear Sirs

Subject: FLR(M) application

Please find enclosed application on form FLR(M), with supporting evidence. You will see that the evidence includes my husband's newly-issued Certificate of Registration as a British Citizen.

Prior to my husband becoming a British Citizen he submitted a Tier 4 visa application, and I submitted a Tier 4 Dependant visa application. Accordingly the passports of myself and my husband are currently held by you, under Tier-4 reference numbers SXXXXX and RXXXXX.

In view of the above, please consider the enclosed application as a variation of my existing Tier 4 Dependant visa application, so that I am now applying for a visa as a spouse of my husband who now has "settled status".

I look forward to hearing from you.

Yours faithfully

Hope that helps. And hope you enjoy your Citizenship Ceremony.

[san12]

The UK Border Agency
Durham
DH99 1WR

Dear Sir/madam

Subject: FLR(M) application for my spouse.

In reference to application made by my spouse Mr XXX XXX, DOB: XX/XX/XX

The passport of my spouse and mine is with the Home office for the application made under Tier-4 reference number SXXXXX and RXXXXX

Recently my application for British Citizenship is successful and I would like to request Home office to consider this application as varying of an existing application.

Therefore, please consider the application of my dependent spouse as a dependent of a settled person.


Thanking you

Your sincerely

It is your wife that is making the application on form FLR(M), so I think the letter should be from her.

So I think she should write something like :-

The UK Border Agency
Durham
DH99 1WR

Dear Sirs

Subject: FLR(M) application

Please find enclosed application on form FLR(M), with supporting evidence. You will see that the evidence includes my husband's newly-issued Certificate of Registration as a British Citizen.

Prior to my husband becoming a British Citizen he submitted a Tier 4 visa application, and I submitted a Tier 4 Dependant visa application. Accordingly the passports of myself and my husband are currently held by you, under Tier-4 reference numbers SXXXXX and RXXXXX.

In view of the above, please consider the enclosed application as a variation of my existing Tier 4 Dependant visa application, so that I am now applying for a visa as a spouse of my husband who now has "settled status".

I look forward to hearing from you.

Yours faithfully

Hope that helps. And hope you enjoy your Citizenship Ceremony.

Thank you John, you are very helpful.

[san12]

Dear John,

Finally, I am registered as British Citizen on 23/02/10. My wife post her application for FLR(M) straight after the ceromony and we have received the confirmation of application letter dated 24/02/10

The bad news is my other application under tier 4 is rejected letter dated 23/02/10 and no right of appeal is given.I have been awarded 40 points for my application but it is rejected because of the gap.

I did submit my application(along wih my dependent) before my current leave expired but they send application back to me because of invalid photos and gave me 28 days to reply, which we did accordingly.

The case worker did not consider the original date when i made my application however they consider the date when they received the application with valid photos.

My BN(O) passport and my wife passport is sent to local enforcement office and we have been advise to leave the country. We have to contact them by 9 March 10 at the latest.

My citizenship application was successful on 11/02/10(as dated in the letter) and my tier 4 application decision on 23/02/10.
The reference number is same number as it is for Tier 4.

In the view of above what is your advice and the next step for me,please.

Thanks

[John]

You have given information about your Tier 4 application being rejected, but I think your wife applied for a Tier 4 Dependent visa. Has that also been rejected? Or has she not heard about that yet?