Naturalisation Residency requirement for Spouse

[mubbu2k]

Dear Forum Members,

I need urgent help.

Me , My wife and My daughter ( Born in UK ) got ILR in January 2011 on the basis of WP 3 years + Tier 1 2 years = 5 years.

I came to UK in January 2006
My wife came to UK in January 2009

Now I am planning to apply for Naturalisation and I have questions related to my wife Naturalisation application.

1. Can I apply for her Naturalisation at the same time as mine as a join application? (She is been in UK for last 3 years)
2. If not what other options I have such as
a. Apply for BC for my self first
b. Then Apply for my wife Naturalisation application as a dependent of BC ?

Please suggest me the options, which you think best.

Many thanks for your help !


Cheers.

[Jambo]

Your wife doesn't qualify on her own merits. You have two options:

1. Apply for BC yourself and once granted, your wife can apply.
2. Apply for BC jointly with a cover letter requesting you to be considered first and then a decision to be made on your wife case. There have been cases reported in the forum that has worked. No guarantee though as this is pure down to the case worker discretion as this is undocumented discretion.

It's down to if you wish to risk the £400 additional cost of the joint fee to save the £400 of two single applications.

[mubbu2k]

Many thanks for your advise Jumbo !

If i take Option 2 and if Case worker discretion is not in my favor and decided not to grant the BC to my wife. will it effect my application ?

will they still grant me BC provided i meet all the requirements ?

Or they completely reject my application and ask me to re apply separately ?

Many thanks once again, you guys are great in helping the people !

[Jambo]

If the case worker decides not to apply discretion to your wife's case, it will not affect yours. Once you are granted (following the citizenship ceremony), you wife can apply again without delay.

The only downside for option 2 is the cost.

[mubbu2k]

Many thanks for your reply!

i was thinking little bit louder, Technically will i become BC once HO approves my case or i will only become BC once i attend the citizenship ceremony ?

If i become BC once HO approves the case then my case is stronger.

Any ways i will give it a try , it is the gamble of £ 450 and less hassle.

I was reading this Thread and i wonder why John not suggested this Discretion way on the thread.

http://www.immigrationboards.com/viewto ... 9217da1a7a

http://www.immigrationboards.com/viewto ... 6f39ffedd5


cheers,

[Jambo]

You become BC after the ceremony.

John cited the rules. The discretion is outside the rules and as I said it did work in cases in the past but there is no gurantee it will work now.