When to Apply for Naturalisation

[nbaloch]

.. after getting ILR on Set (M), have heard after one year?

[Casa]

Or after 3 years legal residence in the UK if your spouse is a British Citizen, once ILR has been granted. You haven't given sufficient information to be able to advice on your specific situation.

[nbaloch]

I was on student visa from Feb 2008 to June 2009 (changed to spouse visa in June 2009) and now have appied for ILR on SET(M) (should get it in couple weeks as its straight forward) so was wondering when can I apply for naturalisation? thanks in advance.

[John]

nbaloch, you have not actually given us enough information to enable a definitive answer to be given. Please confirm you are married to a British Citizen. The point is that it is possible you could have got a spouse visa as the spouse of someone who is not British but does have their own ILR.

Given your spouse visa was issued in June 2009, presumably a 27 month visa issued outside the UK, any reason why you have not applied for your ILR already? It presumably expiring in September, and you must apply for your ILR no later than the expiry date of your current visa.

But when, following the issue of the spouse visa, did you return to the UK?

[nbaloch]

I think I didn't explain myself properly.

In june 2009 I was given spouse visa inside UK for 2 years (I got married here with a person having ILR so student visa changed to spouse visa) which expired on june 2011 (I have applied for ILR before my visa expired) and now waiting for ILR.

So I went this way (I was in UK All the time with legal status)

student -> Spouse visa for 2 years -> ILR

so I am here from Feb 2008 till now so its over 3 years now.

I know its super early to ask but was just wondering. thanks John I hope it is clear now.

btw I have 2 kids both british as father has ILR, though he (my husband and father of my kids) didn't applied for British Citizenship (he is due but he is just lazy )

[John]

I have 2 kids both british as father has ILR, though he (my husband and father of my kids) didn't applied for British Citizenship

So you are not married to a British Citizen, and therefore cannot apply for Naturalisation under the 3-year rule. You will need to wait until you can pass the "applicant was physically present in the UK exactly 5 years before UKBA will receive the Naturalisation application" test.

Of course if your husband got British Citizenship it would be very different. So, using your words, he being lazy is now delaying your application.

[nbaloch]

Thanks John for your help, another question coming:

if he gets his BC in a couple months, will I be able to apply straight away?

[John]

nbaloch, yes! As long as at the time of application you pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

In other words, do check carefully the dates outside the UK, on holiday etc..

[fate11]

nbaloch, yes! As long as at the time of application you pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

In other words, do check carefully the dates outside the UK, on holiday etc..

hello,

Just a bit curious as regards how /when to apply for naturalization.

Hope my timeline would give a clear picture of my situation.

Was on Student Visa from SEPT 2003 - SEPT 2009
Got a Spouse Visa on SEPT 2009
Got ILR AUG 2011

Married to a British Citizen.

When would I be eligible for BC.
Thanks in anticipation of your response.
God Bless#

[John]

As soon as your spouse is a British Citizen, assuming at the time you apply you pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

You do not give the dates of your absences from the UK, so it is impossible to say what dates of application would be a problem.

Would you like to post the exact dates of absence from the UK from say December 2008 up to the present time?

[fate11]

As soon as your spouse is a British Citizen, assuming at the time you apply you pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

You do not give the dates of your absences from the UK, so it is impossible to say what dates of application would be a problem.

Would you like to post the exact dates of absence from the UK from say December 2008 up to the present time?

this are the dates from December 2008

January 31- March 8 2009

April 24 - MAY 5 2009

nov21 - nov 23 2009

January 22 - Feb 5 2010

Sept 11- 21 2010

[John]

Clearly you have no problem with the 270 day and 90 day rules. Just make sure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application. For example, you cannot apply any date in February 2012.

And of course do not apply before your husband has receive his Certificate of Naturalisation at his Citizenship Ceremony.

[fate11]

Clearly you have no problem with the 270 day and 90 day rules. Just make sure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application. For example, you cannot apply any date in February 2012.

And of course do not apply before your husband has receive his Certificate of Naturalisation at his Citizenship Ceremony.

Thanks a lot. Actually I am a male.
My wife is a BC by birth. Would I be eligible to apply before the end of the year if I have the available funds?

[fate11]

To apply,do you need to send your passport because its taking a long time to get approval after submission.
What other docs can be use to prove identity?

[vinny]

Use the NCS.

[fate11]

Thanks a lot.
Another issue I have relates to debt. What search/enquiry is made regarding debts? Is a credit check done? There is no CCJ on my Credit file.