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Eligibility Requirement
Posted: Tue Apr 10, 2018 1:35 pm
by Freeman78
Hi Guys
My wife and kids received ILR on the 14th March last month.
They have been in the UK since 2008 as my dependent ( Kids born Abroad)
Do they need to wait for one year after IRL or they can apply for citizenship straight away?
Thank you in advance for you help
Re: Eligibility Requirement
Posted: Tue Apr 10, 2018 1:35 pm
by CR001
What is your immigration status??
Re: Eligibility Requirement
Posted: Tue Apr 10, 2018 2:33 pm
by Freeman78
British Citizen since July 15
Thank you
Re: Eligibility Requirement
Posted: Tue Apr 10, 2018 2:49 pm
by CR001
She can apply once she has ILR provided she meets the requirement for 3 years as spouse of BC, including the physically present at the start of the 3 year period requirement.
Re: Eligibility Requirement
Posted: Tue Apr 10, 2018 9:25 pm
by Freeman78
Does this mean kids can apply now and wife have to wait till july this year?
i dont understand the 3 years as spouse of BC means?
Re: Eligibility Requirement
Posted: Tue Apr 10, 2018 9:47 pm
by Freeman78
Residence requirements: 6(2)
The residence requirements which someone applying under section 6(2) of the
British Nationality Act 1981 are that the applicant was:
• in the UK at the beginning of the period of 3 years ending with the date of
application
• not absent from the UK for more than either:
o 270 in that 3 year period
Page 14 of 42 Published for Home Office staff on 6 December 2017
o 90 days in the period of 12 months ending with the date of application
• not, on the date of the application subject under the immigration laws to any
restriction on their period of stay in the UK
• not, at any time in the period of 3 years ending with the date of application in
breach of immigration laws
Re: Eligibility Requirement
Posted: Wed Apr 11, 2018 9:19 am
by CR001
Freeman78 wrote: ↑Tue Apr 10, 2018 9:25 pm
Does this mean kids can apply now and wife have to wait till july this year?
i dont understand the 3 years as spouse of BC means?
Your children can apply once your spouse has ILR.
Section 6(1) of the Nationality Act is an application based on 5 years residence in the UK.
Section 6(2) of the Nationality Act is an application based on 3 years residence in the UK and a spouse of a British Citizen.
The absence limits are different for the 3 or 5 year routes. 3 year route DOES NOT have to wait 1 year on ILR.
Re: Eligibility Requirement
Posted: Wed Apr 11, 2018 3:22 pm
by Freeman78
Thank you Dear
They all had ILR approved Last month, I will now a book an appointment for them for next week
Kind Regards,