Spouse visa when husband has ILR and have already applied for Naturalisation

[Zataak]

Hi All,

Please forgive me if this topic is already been discussed in another thread.

My Background
I was granted ILR in August 2015 and it is valid until December 2024. Due to some convictions I couldn't apply for British Naturalisation until January 2021. British Naturalisation application is still in progress and it can take upto 6 months to obtain British Passport. In Novemver 2020 I got married and my wife is still in Pakistan.

When to apply for spouse visa in Pakistan
My question is what is the best time when my wife should apply for UK visa.

Scenario 1: As soon i.e: based on my ILR but before I get British Citizenship
What shall happen in this scenario? Will she get on the same immigration track I was on? That is she would need to complete 5 years before she can get ILR and after waiting another year she can apply for British Citizenship. So in total It shall take 6 years to get British Passport.

Scenario 2: Soon after I get British Citizenship
What shall happen in this scenario? Will she get on the 3 years track? That is after completing 3 years UK residence as a spouse of British National she shall be eligle to apply for the British Citizenship. So in total It shall take 3 years to get British Passport?

So my question really is does it matter when she should come in this country and on what status. As a dependent of ILR or as a dependent of British Citizen and which scenario is best route to get her Nationality?

I shall be grateful if someone can guide me with his knowledge/experience.

Kind Regards

[CR001]

It's the same visa whether you hold ilr or British citizenship. It really makes no difference at all.

Presumably you are officially divorced and have a decree absolute pre dating your current marriage to prove that you were free to marry?

immigration-for-family-members/tier-1-d ... l#p1491603

[Zataak]

Thanks for your reply CR001.

Yes, My last marriage ended in divorce and Decree Absolute was awarded in Sept 2020 then I got married again in Pakistan in November 2020. The only thing left to settle between me & my ex is the financial agreement which I shall began as soon.

So you are saying, since I have an ILR my wife should apply for spouse visa as soon and once she has completed her 3 years of residence in UK, she should be eligible to apply British Citizenship??

If you can confirm one more time that my wife will be on 3 years track then I have no further questions at this stage

Kind Regards and Many thanks.

[CR001]

since I have an ILR my wife should apply for spouse visa as soon and

No,I said it makes no difference whether she applies now while you hold ilr or if she applies when you are waiting for or are British. It is the same visa she applies for regardless.

once she has completed her 3 years of residence in UK, she should be eligible to apply British Citizenship??

No. She needs 5 years residence before she can apply for ilr and only then can she apply for citizenship if you are.british at that point.

If you can confirm one more time that my wife will be on 3 years track then I have no further questions at this stage

Not sure why you believe there is a 3 year spouse visa route. There is not. She needs 5 years on a spouse visa (2 X 2m5 year visas) before she can apply for ilr. Holding ilr is mandatory before she can apply for citizenship, regardless of whether you are British or an ilr holder. There is no shorter immigration route.

[secret.simon]

There is no three year visa route for spouses of British citizens. The visa issued to spouses of British citizens is the same as that issues to spouses of ILR-holders. Both of them take 2*2.5 years to reach ILR.

The major difference will apply when your spouse gets ILR after 5 years. The spouse of a British citizen can apply for naturalisation immediately after ILR AND the absences and physical requirements need to be met over the 3 years immediately prior to the date of the naturalisation application, as opposed to the five years immediately prior to the date of the naturalisation application in case of an applicant without a British spouse. The good character requirement still applies over any residence in the UK in the 10 years preceding the date of application.

[vinny]

See also Can spouses of British citizens naturalise after just three years’ residence in the UK?