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Wife cannot apply for citizenship at the same time???
Posted: Tue Feb 02, 2016 11:40 am
by asmiali
Hi,
NCS just told me that my wife is not eligible for citizenship as the applications are independent. Is the NCS correct?
1) My wife and I both got the ILR in January 2015.
2) My wife has only been in the country for 4 years to date.
3) I have been in the country for 6 years now.
I can apply for British citizenship but my wife cannot?
Re: Wife cannot apply for citizenship at the same time???
Posted: Tue Feb 02, 2016 11:56 am
by zahmed05
NCS is right.
Your wife will need to be in the country for 5 years to meet residence requirements.
if you become British then your wife will need 3 years of stay to meet residence requirements.
I would suggest to send your application and once you get naturalized, then send your wife's application.
She will still be subject to other residence requirements like not out of country for more than 270 days in last 3 years and 90 days within last 12 months.
Re: Wife cannot apply for citizenship at the same time???
Posted: Tue Feb 02, 2016 12:24 pm
by secret.simon
NCS is correct.
Citizenship is not a part of the immigration pathway, which terminates at ILR/PR. It is given under different rules, made under different laws and issued by a different team in the Home Office.
Each naturalisation application is independent. Your wife does not meet the qualification of either Section 6(1) of the British Nationality Act 1981 (which require at least five years of residence in UK) or Section 6(2) (which requires three years of residence when married to a British citizen).
At the time of application, you are not a British citizen. Indeed, you will not become a British citizen even when your application is successful. You only become a British citizen when you attend the citizenship ceremony, take the oath of allegiance and are issued the naturalisation certificate.
Following that, your wife would be eligible to apply under Section 6(2), assuming that she meets other requirements at that point in time.
Re: Wife cannot apply for citizenship at the same time???
Posted: Tue Feb 02, 2016 1:00 pm
by haiksuresh
If applying via partner of british citizen route. Whether the person should present in UK exactly 3 years before the application date. Is this requirement will apply for this route ?
Regards,
suresh
Re: Wife cannot apply for citizenship at the same time???
Posted: Tue Feb 02, 2016 1:19 pm
by CR001
haiksuresh wrote:If applying via partner of british citizen route. Whether the person should present in UK exactly 3 years before the application date. Is this requirement will apply for this route ?
Regards,
suresh
Yes. The requirement to be physically present at the START of the qualifying period (3/5 years) is the same for ALL applications for citizenship.