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Spouse British Citizenship Query

Posted: Mon Apr 29, 2019 3:10 pm
by tirfk
Hi
If any of the guru's can please give suggestion.
My friend is a British PP holder under HSMP. His wife got PR; however before she could finish one year in PR (Stay within UK), they have moved out to different country. Its been 2-3 yrs since then; All the children got British Citizenship. However spouse is left out without British Citizenship. Is there any possibility she gets a passport/ British Citizenship? Is it mandatory for them to relocate back to UK in order to get the British Citizenship?
Any feedback is appreciated.
Thank you.

Re: Spouse British Citizenship Query

Posted: Mon Apr 29, 2019 3:17 pm
by CR001
Presumably you mean ILR and not PR (which is attained under the EU rules not UK immigration Rules).

She could have applied for citizenship as soon as she was granted ILR, there was no need to wait 1 year on ILR if her spouse was British.

Does she realise that ILR is lost when absent from the UK for 2 or more years?

Citizenship has residence and absence requirements, your friend should be well aware of this having gone through the process.

Re: Spouse British Citizenship Query

Posted: Mon Apr 29, 2019 3:20 pm
by tirfk
Sorry- Yes I mean ILR.
They had to move out due to circumstances; That time he wasnt aware that spouses can apply immediately after getting ILR. Now what options he has got? If the ILR is explired after 2 years- can this be renewed or he has to follow again from start like getting Visa etc?

Re: Spouse British Citizenship Query

Posted: Mon Apr 29, 2019 3:33 pm
by CR001
They can try to apply for a returning residence visa, no guarantee though.

https://www.gov.uk/government/publicati ... -residents

https://www.gov.uk/returning-resident-visa

She still won't qualify for citizenship until at least 3 years has passed once she is back in the UK if she can get the above visa.