ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

to apply or not to apply now?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
aceg135
Newly Registered
Posts: 23
Joined: Mon May 16, 2011 1:34 pm

to apply or not to apply now?

Post by aceg135 » Wed Jul 20, 2011 2:02 pm

I am eligible to apply for BC in September 2011, having fulfilled all the relevant requirements. However my predicament is regarding my wife and my baby.
A quick background:

I came to the UK for the first time in October 2005
My wife joined me in May 2006
We both applied for and got our ILR in September 2010.

Soon after obtaining her ILR my wife travelled to India to give birth to our baby – born in December 2010. Baby was granted ILE and my wife and the baby came to the UK in June 2011.

Now my wife is also eligible to apply for BC in September 2011, had she not spent more than 450days(in total) and 90 days(in the last 12 months) outside the UK. She will be able to meet both these conditions only in November 2012. However she will meet the 90days in the last 12 months condition in March 2012.
Seems like I have 3 options:

1. Apply in September 2011 as a family application including my wife and my baby. Wife will not meet the residency requirements (she will be out of the UK for 490 days in total and more than 180 days in the last 12 months), so we would have to request for HO discretion. Understand that baby too would require discretion for registration under 1(3).

2. Apply for myself and the baby in September 2011. Get BC for the baby. Wife can apply on her own merits when she is eligible. Understand that this will increase the cost significantly.

3. Apply in March 2012 as a family application including my wife and the baby. The wife will still not meet 1 residency requirement (she would have been out of the UK for 462 days in the last 5 years), but will meet the 90day in the last 12 months requirement. Again, discretion would be required on part of HO.

We are perfectly happy to wait until March 2012, but the concern is BC rules changing between now and March 2012. What would the experts suggest as the best alternative and the pros and cons of each option? Also, would be interested to know what other options we have?

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jul 20, 2011 2:32 pm

Baby will be applying under 3(1).

Not sure if any further discretion towards the residential requirements is applicable for your wife. It was her choice to deliver baby outside the UK and exceed the discretionary limits.

Probably safest applying in March 2012. But watch out for any rule changes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Pierrot95
Member
Posts: 166
Joined: Fri Jan 23, 2009 9:07 am

Post by Pierrot95 » Wed Jul 20, 2011 5:36 pm

I'd wait and apply in Nov 2012 to save money and have a straigthforward case. There is no consultation to change the rules for BC so far, and I am not aware of any rumor regarding that. Furthermore, the HO is consistently referring to BC and settled persons in the same capacity in recent consulations.
What makes you believe that things are likely to change there?

yamoo
Newly Registered
Posts: 7
Joined: Wed Aug 24, 2005 3:30 pm

Post by yamoo » Thu Jul 21, 2011 11:00 am

I will suggest you go by option 2 if you can meet up with the cost so that you dont miss out any thing in the event that the policy change (dont keep your egg in the same basket)

And by the way How are you sure the price will not be doubled by 2012?

Locked