ilr or naturalization

[sameer9966]

hi all,

i am british citizen, i married 7yrs ago, my wife is on 2yrs spouse visa issued in april 2010,
ilr due in april 2012, she first came in uk in sep 2007as my dependent and all of her stay is legal,

i have some questions:

1) whether she can apply for naturalization instead of ILR because she married with me 7yrs ago, if no,

2) Can she apply ILR 28 days before the spouse visa expire,

3) Or can she apply naturalization straight soon after ILR without waiting for 12months. (if this is yes can you also gimme the reason).

please advice me,
thanks

[fev]

Please see this link to UKBA website.
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

UKBA say that spouses of british citizens should be free of immigration time restrictions on the day of BC application. So she has to apply for ILR first. As she spent more than 3 years in UK she can apply for citizenship basically on the next day after obtaining ILR. She doesn't need to wait 12 months to apply for BC after obtaining ILR.
She can apply for ILR 28 day prior to the end of her spouse visa but not earlier.

hi all,

i am british citizen, i married 7yrs ago, my wife is on 2yrs spouse visa issued in april 2010,
ilr due in april 2012, she first came in uk in sep 2007as my dependent and all of her stay is legal,

i have some questions:

1) whether she can apply for naturalization instead of ILR because she married with me 7yrs ago, if no,

2) Can she apply ILR 28 days before the spouse visa expire,

3) Or can she apply naturalization straight soon after ILR without waiting for 12months. (if this is yes can you also gimme the reason).

please advice me,
thanks

[Jambo]

3) Or can she apply naturalization straight soon after ILR without waiting for 12months. (if this is yes can you also gimme the reason).

The reason is called British Nationality Act 1981 i.e. the law

[osteophytes]

hi all,

i am british citizen, i married 7yrs ago, my wife is on 2yrs spouse visa issued in april 2010,
ilr due in april 2012, she first came in uk in sep 2007as my dependent and all of her stay is legal,

i have some questions:

1) whether she can apply for naturalization instead of ILR because she married with me 7yrs ago, if no,

2) Can she apply ILR 28 days before the spouse visa expire,

3) Or can she apply naturalization straight soon after ILR without waiting for 12months. (if this is yes can you also gimme the reason).

please advice me,
thanks

She has to get her ILR first

What was your immigration status from 2007 until you got your citizenship?
She can apply for ILR after finishing 2 years as a dependent. This 2 year period can include the stay as a dependent on points based system immigrant. In other words, there is no need for her to finish 2 years as a spouse of british citizen before applying for ILR, provided the previous stay was as a dependent on PBS immigrant.

She can apply for naturalisation as soon as she has an ILR vignette on the passport (if she satisfies residence and good character requirements)

[sameer9966]

hi osteo,

i was on student visa in 2007, then i got 2yrs psw, then ilr on the basis of long res), then citizenship,

so my wife was student dependent first then psw dependent, then 2yrs spouse.

so shall i apply ilr now or shall i wait until 2011 april.

please advice.
thanks

[geriatrix]

One cannot apply for naturalisation before being granted settlement.

Your wife may apply for settlement as and when she completes 2 years in the UK on FLR(M) leave (2012). Then, immediately after she is granted settlement (same day if you wish), she may apply for naturalisation.

[osteophytes]

hi osteo,

i was on student visa in 2007, then i got 2yrs psw, then ilr on the basis of long res), then citizenship,

so my wife was student dependent first then psw dependent, then 2yrs spouse.

so shall i apply ilr now or shall i wait until 2011 april.

please advice.
thanks

The 2 year period required for settlement can include the stay as a dependent on PBS visa (which includes PSW as it is part of tier 1).

From your original post, I understand that she is on a spouse visa since April 2010 (17 months). If her PSW dependent stay was for 7 or more months she can apply for Settlement now. If you use the premium service, you can get it the same day. Once she has ILR, she can apply for naturalisation immediately. Obviously she has to fulfill other criteria, i.e LITUK, good character, residential requirements, cohabitation evidence and evidence that your fianancial status is good enough to support her.

[geriatrix]

I stand to be corrected but I believe that the reference "relevant PBS migrant" in 287(a)(i)(d) is to a migrant in a PBS category that leads to settlement, and Tier 1 (PSW) is not amongst those.

[osteophytes]

I stand to be corrected but I believe that the reference "relevant PBS migrant" in 287(a)(i)(d) is to a migrant in a PBS category that leads to settlement, and Tier 1 (PSW) is not amongst those.

I have to apologise for any misinformation posted. I have to agree with the moderator that the PSW category might not be in the list.

Sameer, please ring the UKBA and ask them whether the PSW dependent period can be included or not. In my wife's case, it was Tier 1 (General) and they said it was fine and she got her ILR 2 months ago.

Also check this web site.
http://www.uk-wp.com/2011/07/08/ukba-co ... a-holders/