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Spouse of British citizen

Posted: Thu Jul 09, 2015 11:42 pm
by upparj123
My father is a duel citizenship holder ( Sri Lanka and UK). He likes practicing Buddhism so prefer living in sri lanka as it is not busy as London area. My mother has lived in this country since 2006 and would like to apply for citizenship. What is her status. My father is living in Sri Lanka due to work.

1. Can my mother apply as spouse?
My father is living in sri Lanka. she said she has fathers British Birth registration certificate. His passport has not been updated so it is not a new one. If my mother submit his birth certification form and their marriage certificate can my mother apply for British Citizenship through another route ? if she can what is the form she has to use?

Pl let me know and thank you in advance.

Thanks
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Read the following from notes
A. If you are married to or the civil partner of a British citizen
(section 6(2) of the British Nationality Act 1981)
The legal requirements you should meet before you apply are that you:
1. Are aged 18 or over when you apply
2. Are married to or the civil partner of a British citizen on the date of application.
3. Are of sound mind, so that you understand the step you are taking (but see page 11 for those who are not of sound mind)
4. Can communicate in English (or Welsh or Scottish Gaelic to an acceptable degree
5. Have sufficient knowledge about life in the UK
6. Are of good character
7. Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements:

Re: Spouse of British citizen

Posted: Fri Jul 10, 2015 3:21 pm
by fwd079
upparj123 wrote:My father is a duel citizenship holder ( Sri Lanka and UK). He likes practicing Buddhism so prefer living in sri lanka as it is not busy as London area. My mother has lived in this country since 2006 and would like to apply for citizenship. What is her status. My father is living in Sri Lanka due to work.

1. Can my mother apply as spouse?
My father is living in sri Lanka. she said she has fathers British Birth registration certificate. His passport has not been updated so it is not a new one. If my mother submit his birth certification form and their marriage certificate can my mother apply for British Citizenship through another route ? if she can what is the form she has to use?

Pl let me know and thank you in advance.

Thanks
---------------------------------------------------------------------------------------------------------
Read the following from notes
A. If you are married to or the civil partner of a British citizen
(section 6(2) of the British Nationality Act 1981)
The legal requirements you should meet before you apply are that you:
1. Are aged 18 or over when you apply
2. Are married to or the civil partner of a British citizen on the date of application.
3. Are of sound mind, so that you understand the step you are taking (but see page 11 for those who are not of sound mind)
4. Can communicate in English (or Welsh or Scottish Gaelic to an acceptable degree
5. Have sufficient knowledge about life in the UK
6. Are of good character
7. Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements:
Its sort of a confusing post, anyway here goes:

• If your mother's father was British by birth and was born in UK, then your mother is already British.

• If the underlined part in your post is incorrect, then she has to go the spouse route.

Re: Spouse of British citizen

Posted: Fri Jul 10, 2015 3:50 pm
by upparj123
Thank you.

You are right my mother can take the spouse route.

Re: Spouse of British citizen

Posted: Fri Jul 10, 2015 3:58 pm
by Casa
Has your mother ever applied for an received ILR?

Re: Spouse of British citizen

Posted: Fri Jul 10, 2015 5:11 pm
by upparj123
yes she got ILR visa in July 2013. Unfortunately she doesn't have my father's new passport which I know is now expired. He is not interested in renewing it either. From the information I read it is necessary to have his passport for her to be able to apply for spouse visa.


Is there a way she could still ask for spouse visa as the cost will be lesser than what I have to pay.
Please guide us on this...

My mother has my fathers British birth certificate ( wonder if that is accepted as the qualification to apply for spouse visa)

Re: Spouse of British citizen

Posted: Fri Jul 10, 2015 5:17 pm
by Wanderer
upparj123 wrote:yes she got ILR visa in July 2013. Unfortunately she doesn't have my father's new passport which I know is now expired. He is not interested in renewing it either. From the information I read it is necessary to have his passport for her to be able to apply for spouse visa.


Is there a way she could still ask for spouse visa as the cost will be lesser than what I have to pay.
Please guide us on this...

My mother has my fathers British birth certificate ( wonder if that is accepted as the qualification to apply for spouse visa)
Where does the Spouse visa come into this? Seems to me she can just apply for citizenship on form AN1 without needing anyone else's documents.

Re: Spouse of British citizen

Posted: Mon Jul 13, 2015 2:03 pm
by geriatrix
Wanderer is right.

If your mother has been in the UK since 2006 and has held settled status since 2013, then she may be eligible to apply for naturalisation in her own right under section 6(1).