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Spouse naturalization but living in Europe

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

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Duderico
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Spouse naturalization but living in Europe

Post by Duderico » Fri Aug 26, 2011 5:27 pm

My wife’s visa status is IRL on Indian passport and we been married 2 years 10 months now. So in couple of months she is eligible for applying for Naturalized based on living together for 3 years criteria. I am naturalized as British and working Europe, She joined me and has resident permit of that country .

Is she still eligible to apply for Naturalization if meet away less than 90 day criteria (during for last 1 year), even after having resident permit for other country ?

And Should I be living in UK by the time she applying for naturalization ?

Please share your thought or you experience in similar situation

Thank you

Regards

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Aug 26, 2011 9:38 pm

So in couple of months she is eligible for applying for Naturalized based on living together for 3 years criteria.
Living together for 3 years criteria? There is no such criteria!

If you list the dates your wife has been in the UK in the last three years, that is since 26.08.08, it will be possible to say when she might be able to apply for Naturalisation.
John

Duderico
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Post by Duderico » Sat Aug 27, 2011 8:32 pm

Thanks for reply John

I was refering to 'physically present in the UK for 3 years if you are married to or in civil partnership with a British citizen' criteria .

She entered UK for first time in Nov 08. She was away for 40 days in 2010, and 6 days in 2011 (till date). By Nov 11, she will be eligibility to apply for Naturalisation based on 'not absence for 270 in 3 years' and 90 days in Last 12 months.

As stated earlier I am working Europe and she recently joined me has resident permit of that country. So can she apply Naturalisation in UK duirng Nov 11 ? If so Should I be living in UK while she is applying for naturalization ?

Please share your opinion.

Thank you

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Aug 27, 2011 9:37 pm

I was refering to 'physically present in the UK for 3 years if you are married to or in civil partnership with a British citizen' criteria .
Again there is no criteria worded exactly like that.

I suspect you are referring to the need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test. As you tell us "She entered UK for first time in Nov 08.", she will start to pass that test some time during November 2011. Just make sure the application is submitted after the 3rd anniversary of her arrival in the UK.

As regards whether you need to be in the UK when your wife applies, you need to appreciate that your wife needs to prove that you are a British Citizen. Ordinarily that is done by the spouse supplying their British Passport, but if you will be out of the UK that would not be possible. However if you were born in the UK then instead it is possible to supply your full birth certificate to prove you are a British Citizen.

But you tell us you have Naturalised as British.

From the UKBA website :-
Documents required for applications made on the basis of marriage or civil partnership to a British citizen

You should provide:

your partner's passport or birth certificate; and
your marriage or civil partnership certificate.
But as your birth certificate will not prove you are British, it follows that your passport will be needed, and accordingly you will need to be in the UK when your wife applies for Naturalisation.

Suggest you fly back to the UK for a few days, attend a pre-booked NCS appointment together, then your passports will be copied and handed straight back to you, after which you can return to the country of your employment.
John

Duderico
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Post by Duderico » Fri Sep 02, 2011 11:04 pm

Thanks John

Gott
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Resident permit

Post by Gott » Thu Sep 15, 2011 2:54 pm

As stated earlier I am working Europe and she recently joined me has resident permit of that country. So can she apply Naturalisation in UK duirng Nov 11 ? If so Should I be living in UK while she is applying for

Well if she is a resident of another country then she can't apply for citizenship bcs she is NOT living in UK officially! So she wasn't living in UK for 3 years.

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