Naturalisation as a spouse of a UK citizen - tricky question

[melafafon]

I am an EEA citizen living in the UK with my wife (non-EEA citizen). We've been married since July 2008 (got married abroad) and my wife moved here in January 2009. I just got a letter from UKBA saying my naturalisation application was successful, which means I should be a UK citizen by January 2011.

The question is: when can my wife apply for British citizenship?

UKBA says you're eligible when:

- you are the husband, wife or civil partner of a British citizen and
- you meet the residential requirements

The main residential requirement is:

- have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period)

Can my wife apply in January 2012, as this will mark three years of her stay in the UK (plus she's married to a UK citizen)?

Or would she have to wait until January 2014 (as by that time she will have been married to a UK citizen for three years)?

I hate UKBA's guidelines for being so vague (one of the reasons why my own naturalisation application was delayed)...


Thanks for any tips/advice on that!

[geriatrix]

Your wife needs to receive PR before she can become eligible for naturalisation.

Not sure if the following route is possible - wife applies for leave to enter (i.e.- from outside the UK) or leave to remain (i.e.- from within UK) as spouse of British citizen (under UK immigration laws), applies for ILR (same as PR but under UK immigration laws) after 2 years and applies for naturalisation anyday after being granted ILR (as spouse of British citizen having lived in UK for 3 years). If this route is possible, she may become a British citizen sooner than January 2014 - but you'll need to pay for the spouse visa application and settlement application.


regards

[melafafon]

She's already got an EEA family permit, valid from Dec 2009 until Dec 2014.

When can she apply for ILR, and on what basis? Could she apply for ILR as a spouse of a UK citizen even if her current residence permit says she's married to an EEA national?

Thanks,

M

[86ti]

She's already got an EEA family permit, valid from Dec 2009 until Dec 2014.

That's a residence card as written on the sticker.

When can she apply for ILR, and on what basis? Could she apply for ILR as a spouse of a UK citizen even if her current residence permit says she's married to an EEA national?

She can't apply for ILR because she is on the EEA route at the moment. She could qualify for PR in 2014. To switch to the UK route, I believe, sushdmehta is right.

[melafafon]

Thanks to both of you for your advice.

This means that switching to the UK route will make things more complicated and expensive, plus my wife would have to send her passport in again (twice!) and be stuck in the UK for up to seven each time (this is how much it took them to produce the EEA permit).

Why is the system so user-unfriendly ? :/

I still can't understand why EEA citizens' spouses get all visas/permits for free, and the residence permit is valid for 5 years, and spouses of UK citizens have to pay loads of money and they only get permits for 2/3 years...

M

[noodles]

Hi sushdmehta,

Got a similar question. I naturalised recently and my non eu wife currently resides in the UK with what used to be called HSMP (not sure what it's called now ..Tier???) My question is, since we've been married over a year ago and she's been living here for over 5 years (due for ILR May 2011) can she apply for naturalisation now as she's married to a BC or does she have to wait until she receives her ILR in May 2011?

[geriatrix]

Hi sushdmehta,

Got a similar question. I naturalised recently and my non eu wife currently resides in the UK with what used to be called HSMP (not sure what it's called now ..Tier???) My question is, since we've been married over a year ago and she's been living here for over 5 years (due for ILR May 2011) can she apply for naturalisation now as she's married to a BC or does she have to wait until she receives her ILR in May 2011?

She cannot apply for naturalisation before being granted ILR (settlement). When ILR (settlement) is granted, she may apply for naturalisation as spouse of British citizen.


regards