Immigrationboards.com

Hi all

My case is quite complicated. Let me explain to you

• - My wife and I got married in July 2012 - (she was on Tier 1 general (NOT dependant) and I had a WP at the time)
  
  - I currently have ILR (granted in September 2012 - Please see here )
  
  - My wife's current Tier 1 visa expires in March 2013 - She will then have to switch to Tier 2 which her employer will sponsor
  
  - My wife can apply for ILR on her own rights in October 2013 (i.e. 5 years working in the UK)
  
  - I believe that I can apply for BC in September 2013

My questions are:

• - Can my wife apply for BC with me in September 2013?
  
  - If not, would you please advise on the best route (in terms of timing and costs) for us to apply for BC?

Thank you very much for your help and we look forward to your advice.

Regards,
Conan

conan_hn wrote:My questions are:

• - Can my wife apply for BC with me in September 2013?
  - If not, would you please advise on the best route (in terms of timing and costs) for us to apply for BC?

Regards,
Conan

1. NO.

2. The earliest your wife can apply is after you become a Naturalised citizen.
However, make sure she is free from immigration restrictions (i.e. she has got an ILR) by the time you get your BC.

vinitmanu wrote:

conan_hn wrote:My questions are:

• - Can my wife apply for BC with me in September 2013?
  - If not, would you please advise on the best route (in terms of timing and costs) for us to apply for BC?

Regards,
Conan

1. NO.

2. The earliest your wife can apply is after you become a Naturalised citizen.
However, make sure she is free from immigration restrictions (i.e. she has got an ILR) by the time you get your BC.

Hi vinitmanu

Thank you very much for your response.

Does it mean that

• 1. my wife will need to apply for her ILR first (i.e. Oct 2013)
  
  2. she will then be able to apply for BC (at the same time) when I do? (i.e. after Oct 2013)

or

• 1. my wife will need to apply for her ILR first (i.e. Oct 2013)
  
  2. I will then apply for BC (i.e. after she has her ILR granted)
  
  3. she will eventually apply for BC once I've become a British citizen

Regards,
Conan.

conan_hn wrote:

vinitmanu wrote:

conan_hn wrote:My questions are:

• - Can my wife apply for BC with me in September 2013?
  - If not, would you please advise on the best route (in terms of timing and costs) for us to apply for BC?

Regards,
Conan

1. NO.

2. The earliest your wife can apply is after you become a Naturalised citizen.
However, make sure she is free from immigration restrictions (i.e. she has got an ILR) by the time you get your BC.

Hi vinitmanu

Thank you very much for your response.

Does it mean that

• 1. my wife will need to apply for her ILR first (i.e. Oct 2013)
  
  2. she will then be able to apply for BC (at the same time) when I do? (i.e. after Oct 2013)

or

• 1. my wife will need to apply for her ILR first (i.e. Oct 2013)
  
  2. I will then apply for BC (i.e. after she has her ILR granted)
  
  3. she will eventually apply for BC once I've become a British citizen

Regards,
Conan.

Hi Conan,

Option 2. You will need to become a BC first and then she should be able to apply as a spouse of a BC. (Of course she needs to meet all the standard requirements).

I believe it will be the second option. Note, however that you need not wait until she is granted her ILR to apply for BC. All you need to do is have held ILR for 12 months (& meet all other requirements for naturalisation) before you are eligible for BC.

It's just that your wife will be able to apply for BC immediately after you are naturalised, rather than wait for 12 months from her ILR grant date, as she would be a spouse of a BC when she applies & would have lived in the UK for 3 years by that time.

See: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Just realised something....

You don't need to wait for her to apply for her ILR first. If you are eligible, you can apply for Naturalisation in Sep. 2013 and then in Oct 2013 she can apply for her ILR.

cs95tdg wrote:I believe it will be the second option. Note, however that you need not wait until she is granted her ILR to apply for BC. All you need to do is have held ILR for 12 months (& meet all other requirements for naturalisation) before you are eligible for BC.

It's just that your wife will be able to apply for BC immediately after you are naturalised, rather than wait for 12 months from her ILR grant date, as she would be a spouse of a BC when she applies & would have lived in the UK for 3 years by that time.

See: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

vinitmanu wrote: Hi Conan,

Option 2. You will need to become a BC first and then she should be able to apply as a spouse of a BC. (Of course she needs to meet all the standard requirements).

vinitmanu wrote:Just realised something....

You don't need to wait for her to apply for her ILR first. If you are eligible, you can apply for Naturalisation in Sep. 2013 and then in Oct 2013 she can apply for her ILR.

That's very clear, thank you very much cs95tdg and vinitmanu.

In summary, in chronological order, this is what we should (& will) do:

• 1. I will apply for BC in September 2013
  
  2. My wife will apply for ILR in October 2013
  
  3. My wife will apply for BC as my spouse immediately after her ILR has been granted.

Thank you all once again.

Regards,
Conan

conan_hn wrote:

• 1. I will apply for BC in September 2013
  
  2. My wife will apply for ILR in October 2013
  
  3. My wife will apply for BC as my spouse immediately after her ILR has been granted.

A minor correction to point 3. Your wife can apply for BC after she is granted ILR & you are granted BC. Naturalisation applications are made by post (there is no in-person service like there is for ILR), so she may have to wait a while after her ILR is granted.

In order for your wife to apply for BC. You need to become a British Citizen first and she needs to have an ILR at the time.

Thank you once again for your help

Regards
Conan