Immigrationboards.com

Dear Guru

Thanks for your invaluable help and advices.


So my wife's application for naturalization has been refused.



Myself, wife and daughter applied in a family application for Citizenship in July this year. I had ILR for 12 month at that time, my wife had ILR since February this year, She had been with me in the UK for over 5 years. She applied to be considered under section 6(2). However, me and daughter were accepted (and we are waiting for the Ceremony now) and my wife's application was refused


HO letter says ''Your application has been considered under section 6(1) of Brit Nationality act 1981. your application was received on 19/07/18. As you were granted ILR on 19/02/18, you do not meet the requirement to have been free from any time restrictions on your stay for the whole of the 12 months prior to your application. The sec of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so. if you still wish to become a Citizen, a fresh application will be required. if is open to you to re-apply at any time but you may wish to note that an application made before 19/02/19 is unlikely to be successful''.



In retrospect, I would have waited until after my ceremony before applying for her but this is my situation now, (I admit I might have been naïve expecting HO to treat my wife as a spouse of a Brit Citizen when we apply at the same time). I need your advice please: is it worth applying for re-consideration of her application under section 6(2)?

Thanks

You are only British once you attend your ceremony so no, she did not qualify as a spouse of BC as you were not British when she applied.

She also didn't qualify under Section 6(1) as she has not held ILR for 12 months.

The refusal was therefore correct.

Thanks CR001