When can i apply for Naturalisation / British Passport?

[arpa79]

Hi

I have some queries and would appreciate if someone can advice

(1) I was an HSMP holder under Judicial Review and got my ILR stamped in my passport - 1st February 2010; what date can i exactly apply for naturalisation?
(2) my husband was working abroad for abt 2 1/2 years, but had dependent visa on my HSMP and has been visiting us about twice a year in UK. His visa expires in December 2010. He has now come back to UK and is working here for the past 4 months. Will he be eligible for ILR ??
(3) Although website says about 6 months, how long does it actually take for naturalisation application to be processed?

thanking you in advance for your help

[geriatrix]

1. After 1 year of ILR being granted.
2. Your husband would have been granted ILR if he had applied at the same time as you but now that opportunity is gone. He must now apply for extension of leave as spouse of settled person using FLR(M) form (should have done been soon after you were granted settlement). If the rules do not change by then, your husband may be eligible for settlement after completing 2 years in the UK as spouse of a settled person / British citizen.
3. See this topic for people's experience(s) on naturalisation timelines.


regards

[arpa79]

thanks for your reply...

when i was applying for my ILR, i could send the application 1 month before my eligibility period completion, can i do the same with my naturalisation application - i mean, if its stamped 1st feb 2010, can i send an application in january???

also can you advice - whats the best way to apply - is it via NCS, via solicitors or direct??

thanks a lot for your quick response, god bless..

[geriatrix]

when i was applying for my ILR, i could send the application 1 month before my eligibility period completion, can i do the same with my naturalisation application - i mean, if its stamped 1st feb 2010, can i send an application in january???

No. See also standard requirements.

also can you advice - whats the best way to apply - is it via NCS, via solicitors or direct??

You choice. I guess that most apply via NCS.


regards

[arpa79]

Dear Sushdmehta - regarding your reply - "Your husband would have been granted ILR if he had applied at the same time as you but now that opportunity is gone. He must now apply for extension of leave as spouse of settled person using FLR(M) form (should have done been soon after you were granted settlement). If the rules do not change by then, your husband may be eligible for settlement after completing 2 years in the UK as spouse of a settled person / British citizen",

someone said dependants of HSMP holders under JR can be eligible for ILR even if they apply seperately?? is that so?? pls adv..

[geriatrix]

someone said dependants of HSMP holders under JR can be eligible for ILR even if they apply seperately?? is that so?? pls adv..

UKBA tends to apply Tier 1 rules (319E) when it comes to settlement applications by dependent of HSMP (JR) migrants - and those rules state that dependents must apply at the same time as the main migrant. The JRs do not explicitly state anything other than that affected migrants are entitled to extension as per old rules and that pre-Apr'06 approved migrants are entitled to settlement after 4 years of stay in the UK. Hence this (dependents' eligibility for settlement when application is submitted separately) has remained a grey area.

But technically, immigration rule 196D should apply to dependents of HSMP JR migrants when it comes to settlement applications - which allows dependents to apply separately for settlement. You may find it hard to get UKBA to agree to this, on your own, so you may wish to consult a competent solicitor for legal advise on the matter.

IMHO ...


regards