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Spouse on ILR and in country for 4 years
Posted: Sun Apr 15, 2012 2:16 pm
by allout4noloss
Hi
I entered the country in May 2006 and both me and my wife got our ILR in April 2011. My wife joined me in the UK only in June 2008 (ILR demanded only 2 years of marriage)
Whilst filling the application I noticed that she doesn't qualify for the 5 years residence requirement.
Question is - can my wife apply for naturalization along with me? If not when can she apply?
Thanks
Posted: Sun Apr 15, 2012 5:01 pm
by JulesN19
If your wife does not yet meet the residence requirements, then she should not apply at this time.
If you meet the residence requirements and all other requirements for naturalisation, then you can be naturalised first. Once you get your certificate of naturalisation, your wife will be the spouse of a British citizen. At that point, she can apply for naturalisation as the spouse of a British citizen, provided that she has ILR at that time, was in the UK exactly three years before the application date, has spent fewer than 270 days in the last three years outside the UK, has spent fewer than 90 days in the last year outside the UK, and meets all other requirements.
Alternatively, you and your wife could wait until you both meet the residence requirements and apply together. This would involve a lower fee, but it would also delay the process.
In any event, I would strongly suggest submitting your application(s) via the Nationality Checking Service. This will allow you to keep your original documents (including passport) whilst the application is pending. Additionally, the relevant person at your council's registry office will look for obvious errors or omissions at your appointment.
Posted: Sun Apr 15, 2012 5:21 pm
by Jambo
There is another option although there is no guarantee it would work.
You will need to request in a cover letter for your application to be considered first. See more
here.