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Naturalization Application Date for Spouse
Posted: Sat Aug 18, 2012 1:35 am
by 43kh4n
Hi there, need some help on this please.
I am a British Citizen
My Partner got ILR in September 2009 (14 yr rule)
We got married in August 2010
When does she become eligible to apply for naturalization?
Can she apply in September 2012 or does she have to wait for 3 years on basis of marriage until August 2013?
Posted: Sun Aug 19, 2012 6:21 am
by Jambo
September 2012 assuming she meets the requirements.
Posted: Sun Aug 19, 2012 10:32 am
by 43kh4n
Jambo wrote:September 2012 assuming she meets the requirements.
Thanks Jambo. Needed the clarification as we have only been married for 2 yrs
and she has not completed 5 yrs "legal" stay since she only got ILR in 2009
Therefore I wasn't sure she could apply as a spouse on basis of 2 yr marriage and 1 yr ILR
Posted: Sun Aug 19, 2012 8:20 pm
by Jambo
A spouse of BC can apply on the day of her marriage if she meets the requirements. There is no requirement to be married for a minimum duration.
Posted: Wed Aug 22, 2012 9:21 am
by prince12
Jambo wrote:September 2012 assuming she meets the requirements.
Jambo what if her previous immigration history meant she was legally in the UK for the first 3 years of her 14years before ILR? i think in that case she could apply for citizenship immediately after marriage to the british spouse....correct?
Posted: Wed Aug 22, 2012 12:13 pm
by asim72
The only period that matters is the period immediately preceeding naturalisation application.
So, in your case, your have to just count 3 years backwards from the date she intends to apply. Whatever happened before this 3 years is immaterial.
Posted: Wed Aug 22, 2012 6:03 pm
by Mariyeh
Asim is right.
If she was present in the uk for the last three years and she had ILR and married to BC then she can definetlay apply for BC.
I came to the UK with Student visa in 2005, i married my husband in 2010. I am currenly waiting to get my ILR, as soon as i recieve it i will apply for the BC.
There is no restriction of how long you need to be married if she has got ILR, the only thing you need to be careful is the date you want to send the application for NA. you must make sure, for example, if ukba received your application on 25 August 2012, you would have to show that you were in the United Kingdom on 26 August 2012 (exact 3 years)