Eligibility for naturalization as spouse of British Citizen
Posted: Sun Jul 14, 2013 6:15 pm
Hello Friends
I obtained British naturalization last week based on WP+HSMP+Tier1(5 Years) followed by ILR(1 Year).
My spouse has been living with me as my wife since 2009 i.e. for more than 4 years however she entered to the UK using her own Tier-1 visa and renewed the visa once in 2012. We are from India. She will be eligible to get ILR by January 2014.
This may not be uncommon case, however I am not sure if she can apply for naturalization as spouse of a British National i.e. me now. I could not find that in any rule however I am not 100% sure whether does below from UKBA site under Requirements for naturalisation if you are married to or the civil partner of a British citizen
Thanks
I obtained British naturalization last week based on WP+HSMP+Tier1(5 Years) followed by ILR(1 Year).
My spouse has been living with me as my wife since 2009 i.e. for more than 4 years however she entered to the UK using her own Tier-1 visa and renewed the visa once in 2012. We are from India. She will be eligible to get ILR by January 2014.
This may not be uncommon case, however I am not sure if she can apply for naturalization as spouse of a British National i.e. me now. I could not find that in any rule however I am not 100% sure whether does below from UKBA site under Requirements for naturalisation if you are married to or the civil partner of a British citizen
mean that she cannot apply for it until she finishes 5 years with me here and obtain ILR first?Immigration time restrictions
You must be free from immigration time restrictions on the day you make your application. This often means having already gained settled status before you make your citizenship application. How and when you are eligible for settled status will depend on the immigration category you were in and successfully meeting its requirements for indefinite leave to enter or remain. For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time.
Thanks