Question related to BC application

[May Wilson]

Hi,
I have two questions related to British citizenship application.
Background: I got my ILR a few days ago. I use the 5years route (3 years Tier1 dependant + 2 years post base system dependant). My husband become British citizen (BC) two years ago. I am BN(O) holder (British National overseas) + HKSAR holder (Hong Kong citizen). We married 7years + living together in UK 8years+.

1.) My husband is a BC. Can I apply for BC now? Or do I need to wait for 12 months after receiving the ILR to apply for BC?

2.) Which form should I use, AN form or BOTA form? I am BN(O)+HKSAR holders and two nationalities. Many of my friends suggest me to use BOTA for the BC application, it is clearly written down BNO holder need to wait for 12months after ILR on the BOTA form to apply for BC. However, my husband is BC can I use AN form to apply for BC without waiting for 12months after ILR?

I know my situation is a bit complicated, but if you know the answer, I appreciate for your advice. Thank you so much.

[CR001]

1. You can apply now if you meet the spouse of BC 3 year residence requirement and absence limit, including being physically present in the UK exactly 3 years before, on the same date you apply for citizenship.

2. There is only one if you don't wish to wait 12 months, form AN.

[May Wilson]

Hi, Thank you for your reply.
One more question: My previous 5 years dependant visa was under Tier 1 point base system ( 3 years Tier1 dependant + 2 years post base system dependant). Although my husband become BC two years ago but I didn't switch my dependant visa from Tier 1 dependant to BC spouse visa while renewing visa, the reason of that if I switched the category of dependant visa to BC spouse, I could possibly need to count 5 years again and the HO does not count the previous three years of Tier1 dependant visa. That is the reason I stayed under Tier 1 point base system dependant thought out the 5 years and got ILR.
Is that mean I can't apply for BC now because I wasn't being under BC spouse visa for last 3 years although my husband is BC? And need to wait 1 year of ILR to apply BC, Is that correct?

[CR001]

You have ILR. It makes no difference which visa route you took to get ILR when applying for citizenship.

There is no requirement in nationality law that you can only apply fro citizenship as spouse of BC if you have been on a spouse visa.

The requirement is that your spouse must be a British citizen on the date you apply, even if he only became British the day before you apply.

There is no need to wait 12 months if you meet the 3 years spouse of BC requirement.

[May Wilson]

Hi, Thanks for your advice. It is more clear now. Yes, I am a spouse of my husband and my previous visa type was a dependant of him. I got ILR and my husband is a BC. I almost didn't leave UK for the last 5 years and we live together in UK since 2010. It sounds everything alright and I am going to apply for BC now. Thanks for your help again.

[May Wilson]

Hi, I have a question related to the professional referees of the British Citizenship application. I know we need two referees for the BC application. I have already had one BC profession referee and I need one more referee.
One of the referees can be any nationality of profession, can he/she not living in the UK? I mean can I ask a non-British citizen (not living in the UK) profession friend as one of my referees? I appreciate if you can answer me, thanks in advance!

[CR001]

You need 1 referee who is British and over 25 years of age.

You need another referee (professional) who can be of any nationality, is a professional per the list of acceptable professions and does not have to live in the UK.

[May Wilson]

Thank so much!

[May Wilson]

Hi, I submitted my AN form (paper AN form together with my passports +BRP card+all supporting documents) to UKVI last Thur. According to Royal Mail, they received my BC application last Friday 6/7/2018. A week later, up to now, they still haven't charged the application fee from my bank account and I did not receive any calls or letters or emails from them. May I ask is that normal? How long usually they will charge for the application fee?

I did register the online application, however, I never complete the online application and never submit the online one. It is because there is a section needed two referees filling the information and signature on the AN form. I found it would be more convenient, and this is the reason I submitted the paper AN form rather than online application.

I am a bit worry about it. I suppose the UKVI received my BC application. I hope I did not make any mistake by not doing the online one.

[CR001]

Hi, I submitted my AN form (paper AN form together with my passports +BRP card+all supporting documents) to UKVI last Thur. According to Royal Mail, they received my BC application last Friday 6/7/2018. A week later, up to now, they still haven't charged the application fee from my bank account and I did not receive any calls or letters or emails from them. May I ask is that normal? How long usually they will charge for the application fee?

I did register the online application, however, I never complete the online application and never submit the online one. It is because there is a section needed two referees filling the information and signature on the AN form. I found it would be more convenient, and this is the reason I submitted the paper AN form rather than online application.

I am a bit worry about it. I suppose the UKVI received my BC application. I hope I did not make any mistake by not doing the online one.

It has only been one week. It can take a couple of weeks for the fee to be charged (if your bank doesn't reject it) and for a letter to be sent.

[May Wilson]

Thanks for your reply. It is a good point, I should also talk to my bank in case they block the transaction. Sometimes my bank block a large transaction to protect my account from faulty payment.