Immigrationboards.com

Hi Gurus,

I have couple of questions and need help in understanding when my wife is eligible to apply for Naturalization

Bit of background.

I'm due for ILR in Oct 2014 through 5 years PBS Tier-1 General route.
My wife joined me in UK in March 2013 and She was granted PBS dependent visa in March 2013.

Since she was granted PBS dependent visa after July 2012 so I believe she would have to wait until 5years i.e, March 2018 to apply for her ILR. So once I get ILR she would apply for ILR dependent visa she would get another 2.6 years extension. By the end of that she would have lived in UK for almost 4 years.

I am planing to apply for my Naturalization straight after my 12 month i.e Oct 2015 of ILR provided I fulfil all the Neutralisation criteria.
By then my wife would have lived in UK for almost 2.6 years in total. Still not eligible for ILR or Naturalization.

I read in the FAQ and gov.uk that spouse can apply for Naturalization if she is married to British Citizen and lived in UK for 3 years.
Does that mean my wife can apply for Naturalization directly after living in UK for 3 years without having to wait until March 2018 to apply for ILR because by then I would have been British citizen.

Can we directly apply for Naturalization for her without actually applying for ILR??

Help would be really appreciated.

Thanks

No. She requires ILR prior to naturalisation.

Moreover, it's probably better for her to extend as a PBS dependant before applying for ILR.

Hi Vinny,

Thanks for quick reply,
I've tried to read the Naturalization link that you sent me and because of my lack of knowledge in immigration I couldn't actually understand what it means. Could you please explain me in layman terms.

As I went through the GOV.UK for BC for spouse again it clearly stats that "lived in the UK for at least the 3 years before your application is received" that means a person who lived in UK for 3 years is eligible to apply for BC but I spotted a point which says "you have no immigration time restrictions". is this why you said she needs to be on ILR before we apply for BC. ILR will give her unrestricted leave in UK and we could apply for her visa very next day. Where as for main applicant its mandatory to be on ILR to be eligible to apply for Naturalization.
https://www.gov.uk/becoming-a-british-c ... sh-citizen
https://www.gov.uk/becoming-a-british-c ... -can-apply

And Also in the second bit you suggested me to apply for PBS dependent instead of ILR dependent. How different is PBS dependent from ILR Dependent. And if she lives in the country for 5 years (1.6 (PBS dependent) + 2.6(ILR dependent) + 1(ILR dependent ext )) will she be eligible to apply for ILR then??

Yes. If she is the spouse of a British citizen, then she should also meet the requirements of 3(c) on the date of her naturalisation application. That's why she requires ILR.

If she switches to FLR(M), then she requires 5 years under that status before being eligible for SET(M).