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BC for Wife

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

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pulse1
Newbie
Posts: 39
Joined: Wed Jan 25, 2012 4:34 pm

BC for Wife

Post by pulse1 » Sat Apr 07, 2012 5:34 pm

Hi

I am on ILR since Jan 2012. My wife is on FLR. She is in UK since Dec 2010.

I will be eligible for BC in Jan 2013. My question is :

1. When will my wife be eligible for BC? I beleive she has to be married to me and living in UK for 3 yrs. So does that make her eligible in Dec 2013?

2. Is it mandatory for her to have ILR before she has BC ?

3. Can we both apply for BC IN Dec 2013 together ? or do I need to apply before her ?

thanks for your help

regards

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Apr 07, 2012 7:23 pm

Your wife, before getting her 2-year spouse visa, can you please clarify what type of visa she had?

Just trying to work out when she might be able to apply for her ILR, and when she might be able to apply for Naturalisation.
John

pulse1
Newbie
Posts: 39
Joined: Wed Jan 25, 2012 4:34 pm

Post by pulse1 » Sun Apr 08, 2012 9:39 am

She had Tier1 dependent - since Dec 2010.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Apr 08, 2012 2:37 pm

It is mandatory for your wife to have ilr before applying for citizenship.note in order to apply for ilr your wife will need to first switch on form FLR(m ) and will then be able to apply for ilr once she has completed a combination of two years as a tier 1 dependent /spouse of a settled person.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Apr 08, 2012 2:41 pm

Using the provisions of para 287(a)(i)(d) of the Immigration Rules the period as a dependant of a Tier 1 holder can be used towards the 2-year qualifying period for ILR. Accordingly she can apply for her ILR from 28 days before the 2nd anniversary of her arrival in the UK.

That assumes of course she has passed the Life in the UK Citizenship test, or got a completion certificate from a combined ESOL/Citizenship course.

Using the numbering in your opening post above :-
  1. You are right about the 3-year qualifying period, so she cannot possibly apply for Naturalisation until after the 3rd anniversary of her arrival in the UK.
  2. Yes !
  3. You have a choice. Firstly you could apply as soon as you have had your ILR for 12 months, and then if that is granted, your wife will be married to a British Citizen, you! Accordingly, and assuming she has ILR, she can apply for her Naturalisation as soon as she meets the 3-year qualifying period mentioned in 1. above.

    Secondly, and again assuming she has her ILR, a joint application could be made as soon as your wife has completed her 3-year qualifying period. But if you do that, you must send a covering letter asking them to process your application first, and only assuming that is granted, then ask them to process your wife's application. The point is that the qualifying period is 5 years, unless the person is married to (or in Civil Partnership with) a British Citizen.
Given the way application fees keep going up, my personal choice if I were in your circumstances would be to make a sole application in January 2013, and then for your wife to make a sole application when she is qualified to apply.
John

adi_khaneng
Member
Posts: 105
Joined: Tue Aug 24, 2010 2:51 pm

Post by adi_khaneng » Tue Apr 10, 2012 2:59 pm

John

I would appreciate your input to this. Does provisions of para 287(a)(i)(d) applies to Tier 2(Geberal) dependents as well. I will be applying for ILR under Tier 2(General) - SET(o) but my wife is short on 2 years requirement by 2 months. I will be applying for ILR for myself and then FLR(M) for my wife and then apply her ILR using SET(M) after 2 months. Is this possible with Tier 2 depenedent?

As provisions of para 287(a)(i)(d) only mentions PBS. Tier 2(General) is a category under PBS if I am not wrong.

Many thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Apr 10, 2012 3:40 pm

As para 287(a)(i)(d) reads :-
the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here
-: and as Tier 2 is a points-based system, clearly the answer to your question is .... yes! Go for it!
John

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