Immigrationboards.com

Please I need some advice,

I got my ILR in August 2016 through the Tier 1 visa route,
my wife became British citizen this month September 2016.
I have lived in the UK continiously for approx 8 yrs.
CAN I APPLY FOR NATURALISATION NOW?

Bear in mind that I got my ILR through the Tier 1 visa route and not the spouse route, I have not had my ILR for 12 months and my wife became BC after I've got my ILR.

Yes.
(There is no good ILR or bad ILR).

Assuming you have met or can meet all other requirements:

• LITUK
  English;
  referees;
  sound mind;
  good character,
  physical presence in UK 3 years before application;
  3 years residence;
  absences within prescribed limits;

& etc.

Thanks noajthan

Thanks noajthan, the reason I asked, was because my solicitors said I needed to wait for 12 months before applying for BC, since my route to ILR wasn't through the spouse route. But as you said the criteria did not specify the ILR route.

damy wrote:Thanks noajthan, the reason I asked, was because my solicitors said I needed to wait for 12 months before applying for BC, since my route to ILR wasn't through the spouse route. But as you said the criteria did not specify the ILR route.

It doesn't matter what route you obtained ILR. As a spouse of a BC, you do not need to wait 12 months, you can apply straight away. I would advise changing solicitors.

I think you have NOT to be in immigration control for at least 12 months before applying for BC so your solicitor is right. It is my personal opinion.

WR1 wrote:

damy wrote:Thanks noajthan, the reason I asked, was because my solicitors said I needed to wait for 12 months before applying for BC, since my route to ILR wasn't through the spouse route. But as you said the criteria did not specify the ILR route.

It doesn't matter what route you obtained ILR. As a spouse of a BC, you do not need to wait 12 months, you can apply straight away. I would advise changing solicitors.

....and asking for a refund of any fees you've paid for poor advice.

wadda_laura wrote:I think you have NOT to be in immigration control for at least 12 months before applying for BC so your solicitor is right. It is my personal opinion.

NOT if the applicant has a British spouse. The solicitor is wrong.

Section 6(2) of BNA is very clear.

https://www.gov.uk/government/uploads/s ... r_2016.pdf
- page 3+

Thanks everybody for your contributions.

I think I'll give it a try before the application cost increases again next year.