Naturalization - Qualifying period questions

[awpal]

Hi All,

My wife is planning to apply for her Naturilzation by mid September 2016. She entered in the UK as my spouse on 2nd September 2011. Got her ILR in September 2013. And left UK between 05 Sept 2013 and 25 Dec 2013.

Now for Naturalization, there are two qualifying periods i.e. 5 years for normal application and 3 years for married route, and one must be present in the UK exactly on the day 5 or 3 years ago (depending on the route) from the day of application.

If my wife apply via married route than she cannot fulfill requirement of being present in the UK 3 years before; and have to wait till January 2017 to file her application. But if we use 5 years route than she do comply the presence rule.

Questions: Can she apply via 5 years qualifying route? Is there anything baring her and mandating to apply only via 3 years route since she entered as a spouse?

Many thanks in advance for responses.

[LilyLalilu]

If she's lived here for long enough she is free to apply in her own right via the 5 year route. Just bear in mind that on this route, she is required to have been free from immigration time restrictions for 12 months before applying.

[awpal]

Many thanks LilyLaliu for the quick reply.

I inferred the same, but there were no clear direction; hence had doubts.

I guess 12 months free from immigration rule applies to all. And yes so do comply with this rule since she got her ILR on 03 Sept 2013.

Thanks again!

[CR001]

I guess 12 months free from immigration rule applies to all.

No, it does not. It is not applicable to a spouse of BC. Any reason why she cannot apply now based on 3 years residence, if you are BC? Why does she have to wait till mid September?

[Noetic]

Why does she have to wait till mid September?

Seconded - unless English test and LITUK need preparation there is no reason to wait if she was I the uk 3 years ago.

[noajthan]

Many thanks LilyLaliu for the quick reply.

I inferred the same, but there were no clear direction; hence had doubts.

I guess 12 months free from immigration rule applies to all. And yes so do comply with this rule since she got her ILR on 03 Sept 2013.

Thanks again!

Probably best not to guess in these matters; nor try to apply common sense.

[noajthan]

Why does she have to wait till mid September?

Seconded - unless English test and LITUK need preparation there is no reason to wait if she was I the uk 3 years ago.

OP wife was apparently not in UK around 3 years ago, cutoff is said to be 5 September. If they're not ready to apply right now I suppose that's the reason for the topic.

[Noetic]

OP wife was apparently not in UK around 3 years ago, cutoff is said to be 5 September. If they're not ready to apply right now I suppose that's the reason for the topic.

OP wife was in the UK until 5 September 3 years ago.

If there is a reason for the delay they haven't mentioned it but it's a motivation to get revising sooner rather than later!

[awpal]

Thanks all for your replies.

She waited because of her laid-back attitude; and delayed passing her LITUK test and now her B1. Our situation now has changed. I got a very good job offer from middle east and I am relocating. It is now sense of urgency to get her naturalization done asap, so she can also join me with her British nationality; where myself and all our children are British. She passed her LITUK test last month, next month she's appearing in her B1 test.

The reason, as I mentioned previously not going for 3 year route is she was not present in the UK 3 years ago from 5th Sept till 25 Dec 2013. And I've read clearly that a person must be present in the UK exactly 3 years ago from the day of his/her application. Same applies to 5 years route. If we go on 3 years route, it mean we've to wait till 25th Dec 2016. Please let me know, if it is a wrong assumption?

Thanks again!

[Noetic]

B1 test is easy so if she can book a closer slot she probably should do rather than letting this delay the application. I know how it is, I had every edition of the LITUK exam books going back at least 6 years and ended up delaying until it's almost too late.

However she may well fail on account of her future intentions not being to settle in the UK. Why would anyone give her the privilege of citizenship only for her to disappear somewhere else?

It's something to think about even if this was only a temporary job, as even if she gets approved for naturalisation, the process will still take several months and she may have to provide additional information if HO asks for it, so you shouldn't expect to be able to relocate as a whole family for 4-6 months.