Immigrationboards.com

Hi guys,
I was just wondering if its possible for my spouse to apply for british citizenship 1 year after receiving her ILR though she has not been here for 3years.

Cheers,
Thank You,
Sur

No, you have to meet the 3 year residence requirement for citizenship based on marriage to a UK citizen.

How is it possible that she has ILR for 1 year yet no residence for 3 years? ILE? Married and living abroad for more than 4 years?

No, Not all categories require you spouse to live in the UK for 2 years to obtain ILR. So shes got ilr based on my 5yr wp.
Does student visa count for 3 yr resident. But has a gap of 15 days between her 2 visas.

Thanks for ur reply

Kind Regards,
Sur

The rule is straightforward ... she must have been legally in the UK exactly 3 years before the date of application (not out by any dates) and she must have not spent more than 270 days outside the UK in the last 3 years and no more than 90 in the last year.

So providing she meets that, and has ILR, and is married to you, she should be able to apply.

Cheers thanks MPH80. i guess she just has to wait another two years before she can apply for british citizenship. I hope they don't change the rules by then. Even if they do change rules, will it apply for people who've already received their ILR?

But you indicate that she did have a visa and was present before she converted to be a WP dependant ... so how long has she *actually* been present in the UK?

Oh - and I missed a requirement - you have to have BC as well to make it 3 years. Otherwise - she'll have to do 5 like others.

OH so even if we obtained ilr at the same time, i have to first get BC and then she has to wait 3 yrs from then to apply for her BC is it? (pl correct me if im wrong)

She was on student visa before she changed to WP dependent but since she has gap between her 2 visa i don't think her stay as a student will be counted. But I don want to speculate, so here is her status:
student visa for 1 yr, then 15 day gap, the WP dependent for 1 yr, then ilr.
So when BC for her?

Thank You,

sur wrote:But I don want to speculate, so here is her status:
student visa for 1 yr, then 15 day gap, the WP dependent for 1 yr, then ilr.
So when BC for her?

After another 1 year, subject to the requirements for spouses and civil partners being met.

In short, your wife may apply for naturalisation as spouse of a British citizen as and when she fulfils the requirements for spouses and civil partners and only after you have been naturalised as a British citizen.



regards

Cheers thank u sushdmehta!