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Naturalization of Tier1 Dep - Is ILR must?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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pulok.paul
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Naturalization of Tier1 Dep - Is ILR must?

Post by pulok.paul » Tue Aug 08, 2017 11:11 pm

Dear Experts

I am a little confused regarding the my spouse's eligibility for ILR/British Citizenship.
I have obtained my British citizenship April 2017 and my wife is still under the visa category of Tier 1 Dependent visa (till Aug 2018). My wife has been in the UK for over 3 years now. My question is can she apply for Naturalization skipping the ILR or she has to apply for ILR first and only then can apply for naturalization?

I am getting conflicting answers where in below link it says she must have ILR.
https://www.gov.uk/becoming-a-british-c ... sh-citizen

and in the below link, under Residence requirements: 6(2) it does not mention anything about obtaining ILT before naturalization.
https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

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CR001
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Re: Naturalization of Tier1 Dep - Is ILR must?

Post by CR001 » Wed Aug 09, 2017 8:02 am

She needs ILR before she can apply for citizenship.

To get ILR, she needs 5 years residence.
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secret.simon
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Re: Naturalization of Tier1 Dep - Is ILR must?

Post by secret.simon » Wed Aug 09, 2017 10:05 am

pulok.paul wrote:and in the below link, under Residence requirements: 6(2) it does not mention anything about obtaining ILT before naturalization.
https://www.gov.uk/government/uploads/s ... n-v1.0.pdf
Yes, it does.
Residence requirements: 6(2)
The residence requirements which someone applying under section 6(2) of the British Nationality Act 1981 are that the applicant was:
• in the UK at the beginning of the period of 3 years ending with the date of application
• not absent from the UK for more than either:
  • o 270 in that 3 year period
    o 90 days in the period of 12 months ending with the date of application
not, on the date of the application subject under the immigration laws to any restriction on the period of stay in the UK
• not, at any time in the period of 3 years ending with the date of application in breach of immigration laws
The underlined sentence means that the applicant must hold ILR or PR.

All naturalisation applications, whether your spouse is a British citizen or not, require the applicant to hold either ILR or PR before the application is made.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

pulok.paul
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Re: Naturalization of Tier1 Dep - Is ILR must?

Post by pulok.paul » Wed Aug 09, 2017 1:11 pm

Thank you for the clarification.

If the applicant come under Residence requirements: 6(2) Is it safe to apply for ILR now(completed 3.5yrs) or complete 5 years and then apply for ILR.
Note - I(primary applicant) am already a British citizen.

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Re: Naturalization of Tier1 Dep - Is ILR must?

Post by CR001 » Wed Aug 09, 2017 1:14 pm

She needs 5 years residence before she is eligible to apply for ILR.

Once she has ILR only then can she apply for citizenship.
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pulok.paul
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Re: Naturalization of Tier1 Dep - Is ILR must?

Post by pulok.paul » Wed Aug 09, 2017 9:43 pm

Thanks a lot for the clarification.

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