Eligibility for citizenship

davidm · Post by **davidm** » Mon Dec 13, 2004 5:18 pm

Hi,
I came to UK in December 1999 as a work permit holder. I got my ILR in 2003 and have completed 5 years in the UK and can apply for citizenship.

My wife also came on a seperate work permit in August 1999, before me. She went back to her home country for 4 months in April 2001 as she changed jobs. She came to the UK on a new work permit in September 2001.

She applied for ILR in August 2003, but was refused ILR since she was not in continuous employment in the UK(she had a break of 4 months). However, she got her ILR with me as my dependent in December 2003.

My question is- can she apply for citizenship with me? She has not been out of the country for more than 400 days in the past 5 years (52 days in the last 1 year) and has ILR for the past 12 months. Will the fact that she was out of the country for 4 months between jobs disqualify her?
Thank you.
david

Post by **John** » Mon Dec 13, 2004 6:32 pm

Let's look at you first. You got your ILR "in 2004" ... but your wife got hers as your dependent in December 2003? Anyway, as long as the ILR visas held for at least one year then that test has been passed.

The "not outside the UK for more than 450 days in the five years ending with the date IND receive the application" test ..... your wife passes that, even though there is one continuous period of 4 months outside the UK.

Don't overlook the "must have been in the UK on the day exactly 5 years before IND receive the application" test. For example, if IND receive the applications on say Friday 14th January 2005 ... question ... was the applicant physically in the UK on 14th January 2000? If yes, that test passed ... if no, delay the application a bit.

And don't forget the new requirement, introduced last July, as regards the language requirement. Ignore that and the application(s) will be promptly returned to you.

Hope it all works out.

davidm · Post by **davidm** » Mon Dec 13, 2004 6:35 pm

John wrote:Let's look at you first. You got your ILR "in 2004" ... but your wife got hers as your dependent in December 2003? Anyway, as long as the ILR visas held for at least one year then that test has been passed.

John,
Mea cupla- I got ILR in December 2003. Have edited the original post just now (mistake!).
She satisfies all criteria as per your post, despite the break. Both of us have UK university degrees, so language requirement is also met.
Thanks a lot for the prompt reply.
David

Post by **John** » Mon Dec 13, 2004 6:49 pm

David, not doubting you have passed the language requirement but you do need to enclose prove that is the case. Sorry to emphasise that ... I don't think that IND have yet got round to updating the Guide AN(New).

Maybe time for Guide AN(Newer) !

And get the applications in without delay and you might just escape the Citizenship Course requirement ..... no doubt introduced sometime in 2005 ... but date not yet announced.

luka · Post by **luka** » Mon Dec 13, 2004 7:53 pm

Hi John,

You have metioned something that is news to me. Can you please elaborate more on the citizenship course requirement? Will everyone applying for citizenship have to attend this course or must you meet certain criteria to avoid attending it?

Your comments will grately be appreciated.

Post by **John** » Mon Dec 13, 2004 8:20 pm

Luka, part of an Act of Parliament allows IND to introduce a Citizenship Course requirement. However the required regulations have yet to be introduced so current applicants do not need to be concerned by it.

The regulations, when laid, will no doubt specify exactly what the requirement will be, and the date from which applicants for Naturalisation need to prove proof of attendance ... or pass?

This IND Press Release was issued as long ago as September last year :-

English and citizenship to help integration and make people proud to be British

You will see that it deals with two aspects ... language ... requirement already introduced .... better awareness of what it means to be British ... not yet introduced.

Hope that helps.

davidm · Post by **davidm** » Mon Dec 13, 2004 8:52 pm

John wrote:David, not doubting you have passed the language requirement but you do need to enclose prove that is the case. Sorry to emphasise that ... I don't think that IND have yet got round to updating the Guide AN(New).

Maybe time for Guide AN(Newer) !

And get the applications in without delay and you might just escape the Citizenship Course requirement ..... no doubt introduced sometime in 2005 ... but date not yet announced.

John,
The earliest we can post the application is 8th Jan (since my wife was away between 17th Dec and 8th Jan 2000 and hence not physically in the country- I entered on 21st December 1999 and left on 24th for X-mas, coming back on 2nd Jan 2000). I am enclosing photocopies of our UK degree certificates with the application.
I read in the paper that the citizenship tests will start in summer 2005. The website says it takes 8 months to approve the application on average- so I don't think we will escape the test!
David

Post by **John** » Mon Dec 13, 2004 9:13 pm

David, I suspect you will escape! It tends to be the case that a requirement applies to applications received on or after a particular date ..... the date of approval tends to be irrelevant. That way it is easy for IND to "police" the issue ..... as from a certain date they just need to ensure that all the correct documents are enclosed.

That is what happened for the language tests. Applications received by IND or or after 28.07.04 ... language requirement for all applicants ... even spouses of British Citizens.

Applications for naturalisation received as from 28.07.04 were promptly returned if the language requirement had been ignored.

In other words, no additional requirements tend to be added once IND have an application.

davidm · Post by **davidm** » Tue Dec 14, 2004 8:16 am

John wrote:David, I suspect you will escape! It tends to be the case that a requirement applies to applications received on or after a particular date ..... the date of approval tends to be irrelevant. That way it is easy for IND to "police" the issue ..... as from a certain date they just need to ensure that all the correct documents are enclosed.

That is what happened for the language tests. Applications received by IND or or after 28.07.04 ... language requirement for all applicants ... even spouses of British Citizens.

Applications for naturalisation received as from 28.07.04 were promptly returned if the language requirement had been ignored.

In other words, no additional requirements tend to be added once IND have an application.

Good- one test less to take

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Eligibility for citizenship

Eligibility for citizenship