Page 1 of 1

Wife's Eligibility for Citizenship - Currently on ILR

Posted: Mon Jun 01, 2015 9:09 pm
by Ani_UK
Hi,

Both me and my wife have ILR since June 2014 and we are planning to apply for citizenship this month. I have a specific question on my wife's eligibility for citizenship as I have seen some posts saying she would need to apply as wife of British Citizen i.e. I can apply first and when I am British Citizen, she can apply on that basis.

My wife's details - She has been in the UK since September 2007 but her stay until Jan 2012 was not considered for ILR. She qualified for ILR as Tier 1 General Dependent.

ILR - June 2014 - present
Tier 1 General Dependent - Jan 2012 - June 2014
Post Study Work - Jan 2010 - Jan 2012
Student Visa - September 2007 - Jan 2010

My details

ILR - June 2014 - present
Tier 1 General - June 2009 - June 2014 (5 Years)
Fresh Talent Scheme - Dec 2007 - June 2009
Student Visa - August 2006 - Dec 2007

My understanding is as she has been offered ILR, she can apply on her own. I would really appreciate if someone could clarify whether or not she is eligible to apply for citizenship on her own, like I am.

Regards,
Ani_UK

Re: Wife's Eligibility for Citizenship - Currently on ILR

Posted: Mon Jun 01, 2015 9:17 pm
by CR001
Any legal residence during the qualifying 5 years of residence counts for citizenship. So based on what you have listed, she is eligible to apply if she meets the standard requirements based on 5 years residence.

Re: Wife's Eligibility for Citizenship - Currently on ILR

Posted: Mon Jun 01, 2015 10:46 pm
by Ani_UK
Thanks CR001,

So her stay on Student and Post Study Work visas counts towards 5 years residence, right? I am a little unclear on this as these two visas are not considered for 5 years qualifying period for ILR.

Regards,
Ani_UK

Re: Wife's Eligibility for Citizenship - Currently on ILR

Posted: Mon Jun 01, 2015 10:58 pm
by CR001
ILR and citizenship are different rules (immigration vs nationality). All legal stay counts towards the qualifying period for citizenship.

Re: Wife's Eligibility for Citizenship - Currently on ILR

Posted: Mon Jun 01, 2015 11:32 pm
by Ani_UK
Thanks. It's clear now.

Regards,
Ani_UK