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Eligibility for Naturalisation as Spouse of British Citizen

Posted: Sun Jan 24, 2016 11:14 pm
by farhaan1985
Hi,

I am a Non-EEA National and spouse of a British Citizen. I wanted to confirm if I'm eligible to apply for Naturalisation.

I meet all of the requirements listed by the UKVI on their website:

If you’re married to, or the civil partner of, a British citizen, you can apply for citizenship if:

you’re 18 or over - REQUIREMENT MET
you’re of sound mind, eg you’re able to think and make decisions for yourself - REQUIREMENT MET
you’re of good character, eg you don’t have a serious or recent criminal record - REQUIREMENT MET
you’ve met the knowledge of English and life in the UK requirements - REQUIREMENT MET
you’ve been granted indefinite leave to stay in the UK - REQUIREMENT MET

you meet the residency requirement - REQUIREMENT MET

lived in the UK for at least the 3 years before your application is received - REQUIREMENT MET
spent no more than 270 days outside the UK in those 3 years - REQUIREMENT MET
spent no more than 90 days outside the UK in the last 12 months - REQUIREMENT MET
not broken any immigration laws while in the UK - REQUIREMENT MET

However, the rules for residency length changed AFTER 12th JULY 2012 ; if a spouse enters the UK now they would have to wait longer for the ILR and hence, the application for naturalisation.

I first entered the UK after JULY 2012 and obtained the ILR as a dependant of a work permit holder within a few months. According to the rules then, dependents of work permit holders could qualify for the ILR with the main applicants.

I have been present in the UK for more than 3 years and am spouse of a BC, does this qualify me for naturalisation or will I have to wait up to 5 years as per the JULY 2012 rules?

I would really appreciate the help and feedback. I have spoken to a few friends who believe there is nothing to worry about however, there are others who have quoted the July 2012 date and given me reason to doubt.

Looking forward to your feedback.

Many thanks.

Re: Eligibility for Naturalisation as Spouse of British Citi

Posted: Mon Jan 25, 2016 8:52 am
by CR001
You can apply now if you have ILR and have been resident for 3 years.

Re: Eligibility for Naturalisation as Spouse of British Citi

Posted: Mon Jan 25, 2016 9:00 am
by noajthan
farhaan1985 wrote:Hi,

I am a Non-EEA National and spouse of a British Citizen. I wanted to confirm if I'm eligible to apply for Naturalisation.

I meet all of the requirements listed by the UKVI on their website:

...

Looking forward to your feedback.

Many thanks.
Have you double-checked you meet the proof of English requirements since the rules were changed in November 2015?

Can you prove you were physically present in UK 3 years (to the day) before date of application (once it is filed)?