Does my wife qualify (British Citizenship)?

[nbweb]

Hello,

I would highly appreciate if someone could help me with my inquiry.
I became British citizen in May 2014. I originally come from Poland and have been living in the UK for over 13 years. I qualified for British citizenship based on 5 + years stay in the country. My wife has been living in the UK for over 4 years (She also comes from Poland). We got married in April 2011.

Now my question:
Does my wife qualify for British citizenship? The application guide states 3 years if married to a British citizen. When we got married I was not a British citizen at the time (although I could have been, just never got a chance to do it). Does she automatically qualify for the 3 years period once I became British?

I would appreciate your input. We would like to get her through the process asap as the prices are going up. I did my citizenship a few months ago and the prices went up since then already!!

Regards,
Kamil

[Casa]

Your wife needs to acquire PR first which requires 5 years of legal residence. Immediately after she can apply for British Citizenship assuming she meets all the standard requirements.

[nbweb]

Thank you for your quick response Casa. Do you mind me asking what is PR? I think you are referring to this requirement which may not apply in our case https://www.gov.uk/becoming-a-british-c ... -can-apply
At the bottom of this page it says "There are different requirements if your spouse or civil partner is a British citizen."

It then takes you to the following https://www.gov.uk/becoming-a-british-c ... sh-citizen
It only says "If your spouse is a British citizen" which in our case is correct. I am a British citizen. My only concern/question is whether I needed to be a British citizen when my wife married me?

Is anyone aware of any other official documentation that may clarify the case?

Thanks,
Kamil

[Casa]

PR = Permanent Residence as your wife if here under EEA regulations. If you were British when she married you she would need to have applied for a spouse visa under UK rules which would have been 3 year route to British Citizenship. She's not able to switch from EEA to UK rules but she can apply for BC as soon as she has been granted PR.
Although your link states that a spouse of a BC can apply after 3 years of residence, PR is required first and she won't qualify for that until she has been resident for 5 years.

[nbweb]

Hello again,

I did some more research and to me it really does look that what Casa is saying is not quite correct. Please do correct me if I am wrong.
Please have a look at the official latest booklet for British Naturalisation:
https://www.gov.uk/government/uploads/s ... let-an.pdf

Page 3 - 4 from section If you are married to or the civil partner of a British citizen
(section 6(2) of the British Nationality Act 1981)

It is very clear to me that three years is what my wife needs.

What do you think? Am I am missing something?

Regards,
Kamil

[Casa]

It isn't because the rules require ILR or PR before British Citizenship can be applied for. Immediately after she has permanent residency she can apply for BC as 3 years will have been already spent in the UK. I'm 100% sure on this.

[nbweb]

Thanks Casa,

I think you ARE right. I just read the booklet section 2 and it says If you are a national of a member state of the EEA and do not have indefinite leave to remain in the United Kingdom, you will need to have been resident in the United Kingdom
for at least five years even if you are married to a British citizen.

I guess, she will have to wait till June next year.

Thanks
Kamil

[Casa]

Even those who are on spouse visas under the UK regulations route to settlement require ILR before applying for BC, which they won't qualify for until they've completed 5 years under the post July 2012 rules. It would help if the Home Office updated their website.