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So unless there was a diplomatic or consular connection, your friend .... without realising it ... has been a British Citizen from the moment of his birth. Indeed he is British otherwise than by descent, so any children of his will be British, wherever born in the world.Before 1 January 1983, almost every child born in the United Kingdom (see Note 1) was a citizen of the United Kingdom and Colonies. The only exceptions were children who were born to certain people holding diplomatic or consular status.
Yes, and specifically she will need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.So if she can obtain spouse visa then does she still need to live in UK for 3 years to get British passport?
The "KOL REQ" endorsement merely affects the timing of when she can apply for ILR. KOL = knowledge of life (in the UK) = the need to pass the Life in the UK Citizenship test. Without that endorsement ILR cannot be applied for earlier than 28 days before the 2nd anniversary of the arrival date in the UK. But with that endorsement ILR can be applied for as soon as the test has been passed.What is "KOL REQ"? Does it an alternative to avoid waiting for 3 years to get British passport?
Yes, basically wait until he has the British Passport, to get proof he is British, and then she can apply for her spouse visa .... and it must be applied for in Sri Lanka. The Citizenship test would need to be taken in the UK, and the ILR application. would also be made in the UK.can she apply for spouse visa as soon as he obtained his British passport? Finally can they apply for spouse visa ("KOL REQ") & ILR while they live in Sri Lanka?
Not at VFS but a British High Commission office. See Applying for a UK passport in Sri Lanka.kasturi75 wrote:1. He needs to apply for British PP from Sri Lanka (SL) visa application centre (VFS). What application form he has to be filled up & supporting docs to be submitted?
As and when they decide to relocate to UK with a view of settling in the UK, she may apply for spouse visa (endorsement: SETTLEMENT SPOUSE/CP (KOL REQ)) on the basis of being married for at least 4 years and staying outside UK during those 4 years. Application to be submitted through VFS.kasturi75 wrote:2. Immediately after his British PP received, she can apply for ILR subject to KOL. What application form she has to be filled up & supporting docs to be submitted?
The spouse visa is valid for 27 months during which she may enter UK anytime and must also pass the KOL test. ILR application may then be submitted anytime. (As John has explained above, without the "KOL REQ" endorsement, ILR application cannot be submitted any earlier than 28 days before the 2nd anniversary of the arrival date in the UK. In other words, to be eligible for ILR in such case under current rules, she will need to live in the UK for 2 years before she may apply for ILR).kasturi75 wrote:3. Once she got ILR stamped on her SL PP then they have 2 years - 28 days to land UK and do the KOL test. What any entry clearance visa she has to be applied in order to land in UK?
Yes, assuming entry on endorsement as explained in point 2 above. (ILR is applied for within the UK, ILE from outside the UK).kasturi75 wrote:4. Immediately after KOL passed she can apply for full ILR from UK (either from UK or SL?)
The spouses of British citizens are subject to different conditions regarding naturalisation as compared to people applying for naturalisation through economic routes (work permits). See Requirements for naturalisation if you are married to or the civil partner of a British citizen. British passport can be applied for only after naturalisation.kasturi wrote:5. She would needs to stay in UK for 3 years to get British PP. Burt work permit rule is if you have ILR then after just one year time you can apply for British PP, am I correct?
1. See The application form, fee and supporting documents for a first adult passport.kasturi75 wrote:6. What does she need to submit as supporting docs to be obtained British PP? Does she need to show that she is economically active in UK? And also can she enjoy public funds during ILR in case?
That's fine - by nature of his birth date he IS a british citizen.kasturi75 wrote:Thanks sushdmehta, And also noticed that C1 application is the one apply for new passport applications according to the below links but it doesn’t say that British berth certificate holders are eligible?
Well no, she would get issued with a time-limited 27-month spouse visa. It would not be ILE unless she has already passed the Life in the UK Citizenship test.I realised ILE = Spouse visa. So on the basis of that I thought she can obtain ILE subject to KOL from Sri Lanka as the entry clearance.
Good news, but as regards what you have posted ...... no and good.He was granted British citizenship & also passport was arrived few weeks ago.
Again, he has not just been granted British citizenship! I am unaware of Sri Lankan citizenship law and this should be checked carefully, in particular as regards where a child obtains another citizenship from the moment of birth.Also he has a concern as he lost his Sri Lankan citizenship due to British citizenship granted, can he stay in Sri Lanka without visa over 3 months? Would that be a problem at immigration when he leave the country?
I don't think his wife should apply for her UK spouse visa until say 3 months before they intend to travel. When she does apply draw attention to the fact that the "KOL REQ" endorsement is due, and that will ensure that after she gets to the UK and passes the Life in the UK Citizenship test, she can apply for her ILR without delay.They will stay in Sri Lanka for at least another year due to his work commitments & family concerns. Would that be an issue when they land here in UK after an year time?