Eligibility for naturalization as spouse of British Citizen

harshil223 · Post by **harshil223** » Sun Jul 14, 2013 5:15 pm

Hello Friends

I obtained British naturalization last week based on WP+HSMP+Tier1(5 Years) followed by ILR(1 Year).
My spouse has been living with me as my wife since 2009 i.e. for more than 4 years however she entered to the UK using her own Tier-1 visa and renewed the visa once in 2012. We are from India. She will be eligible to get ILR by January 2014.

This may not be uncommon case, however I am not sure if she can apply for naturalization as spouse of a British National i.e. me now. I could not find that in any rule however I am not 100% sure whether does below from UKBA site under Requirements for naturalisation if you are married to or the civil partner of a British citizen

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application. This often means having already gained settled status before you make your citizenship application. How and when you are eligible for settled status will depend on the immigration category you were in and successfully meeting its requirements for indefinite leave to enter or remain. For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time.

mean that she cannot apply for it until she finishes 5 years with me here and obtain ILR first?

Thanks

Amber · Post by **Amber** » Sun Jul 14, 2013 5:32 pm

She must be settled - have ILR as well as meeting the other standard requirements (click) or the spouse/civil partner of British Citizen requirements (click) once you are naturalised.

harshil223 · Post by **harshil223** » Sun Jul 14, 2013 6:51 pm

D4109125 wrote:She must be settled - have ILR as well as meeting the other standard requirements (click) or the spouse/civil partner of British Citizen requirements (click) once you are naturalised.

thanks for your reply.
so do you suggest she should obtain ILR and get settled. And then she can apply for naturalization as spouse of British Citizen without waiting for one more year?
OR
she still has to wait for a year and apply for naturalization then? if this is the case, there is no point to apply as spouse of British Citizen as she can apply independently anyway after completing total 6 years in UK.

ban.s · Post by **ban.s** » Sun Jul 14, 2013 6:57 pm

yes, she can apply for naturalisation, as a spouse of a BC, as soon as she gets her ILR and don't need to wait for one year from ILR.

harshil223 · Post by **harshil223** » Mon Sep 22, 2014 10:07 am

Thanks to Amber and ban.s for replying to my queries earlier.
My wife applied as spouse of British Citizen i.e. me and got approval letter last Saturday.
Had not expected it will come that quick - it took nearly 10 weeks only.
However have not received a letter stating to go ahead to book citizenship ceremony yet, hopefully will get in this week.

brad1980 · Post by **brad1980** » Wed May 13, 2015 3:44 pm

Dear All

I am about to help my wife to fill in her application form for Naturalization as spouse, married to British citizen for 3 years.

I just received my approval today and my ceremony booked for next Monday. She is planning to send off her documents on next Wednesday.

We both received ILR last year December and I know she is eligible to apply under 3 years rule.

Please someone tell me what documents she will need to provide to provide cohabitation, does she need to do it again as we did for IRL?
Do I need to add any sort of proof of residency again? We still reside in the same address for the past 4 years.

Thanks

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Eligibility for naturalization as spouse of British Citizen

Eligibility for naturalization as spouse of British Citizen

Re: Eligibility for naturalization as spouse of British Citi

Re: Eligibility for naturalization as spouse of British Citi