Page 1 of 1

My wife's eligibility

Posted: Tue Jun 22, 2010 3:56 pm
by a1977capri
Hi
I came to england in aug 2004 on work permit and my wife came here in Mar 2006 after marriage on dependant visa. i switched to hsmp in jul 2007. my daugter was born in oct 2007 in india. we all got ILR in Jul 2009.
I have spent here almost 6 yrs including ILR but my wife has spent less than 5 yrs. but she got ILR 1 year ago
Can we apply for citizenship in July?
I know myself and my daughter are eligible.is my wife eligible?
when can she apply for citizenship.
Note that i want to apply together.

Posted: Tue Jun 22, 2010 4:45 pm
by John
If you all want to apply at the same time you will need to wait until next March, when your wife, as well as you, will pass the "applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application.

Alternatively you and your child could make your applications next month, when ILR has been held for one year, and then as soon as you have your Certificate of Naturalisation, your wife will be married to a British Citizen ... you! Then a 3-year qualifying condition would apply to her. But by going down this route is more expensive because you would lose out on the discount for making a joint husband-wife application.

A final thought at this time, was your wife legally in the UK at any time in the period from 22.06.05 (5 years before today) and March 2006 when she arrived on her dependent spouse visa? If yes, please give full details.

update

Posted: Tue Jun 22, 2010 4:50 pm
by a1977capri
Thank you john
no she was not here in that period.
yes i will wait till mar 2011 because there is no use spending more money.

Posted: Thu Jun 24, 2010 12:20 pm
by shs213
John wrote:If you all want to apply at the same time you will need to wait until next March, when your wife, as well as you, will pass the "applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application.

Alternatively you and your child could make your applications next month, when ILR has been held for one year, and then as soon as you have your Certificate of Naturalisation, your wife will be married to a British Citizen ... you! Then a 3-year qualifying condition would apply to her. But by going down this route is more expensive because you would lose out on the discount for making a joint husband-wife application.
John, I am in the same situ as above.... By the time i complete the qualifying period for naturalisation, my wife would have completed 3.5years in this country, including 1yr in ILR...

Can we not make separate applications as and when we complete our qualifying periods? i.e. my wife applies 1.5 years after me.

I am trying to see if there's a way around the 3-year qualifying confdition if we want to apply separately...

Posted: Thu Jun 24, 2010 12:36 pm
by John
By the time i complete the qualifying period for naturalisation, my wife would have completed 3.5years in this country, including 1yr in ILR...
Surely the situation is better than that. When you qualify you will have spent at least 5 years in the UK. So you apply ... by yourself. Then as soon as you are British, surprise surprise your wife is married to a British Citizen ... you! So as you tell us that by then she will have been in the UK for 3.5 years, it looks like she can apply for Naturalisation as soon as you have your Certificate of Naturalisation.

When is it that you intend to apply for Naturalisation?

Posted: Thu Jun 24, 2010 12:41 pm
by shs213
John wrote:
By the time i complete the qualifying period for naturalisation, my wife would have completed 3.5years in this country, including 1yr in ILR...
Surely the situation is better than that. When you qualify you will have spent at least 5 years in the UK. So you apply ... by yourself. Then as soon as you are British, surprise surprise your wife is married to a British Citizen ... you! So as you tell us that by then she will have been in the UK for 3.5 years, it looks like she can apply for Naturalisation as soon as you have your Certificate of Naturalisation.

When is it that you intend to apply for Naturalisation?
phew!

I just got my ILR this week :D

Just made the cross from ILR section of this forum to the BC section - A way too much of a pro-active approach I know... :D

OK, I intend to apply June 2011 - when I complete 1 year in ILR, I have been here since 2003...

Wife came here, 1/02/ 2008. By June 2011, she would have been here for 3 years and 4 months [the last 12 months on ILR]

so if i am getting this right, I will apply on my own, then when (& if) I get my naturalisation certifcate she can apply on the basis of being married to BC for three years...

Does it not matter that I wasnt a BC at the time she married me?

Posted: Thu Jun 24, 2010 3:25 pm
by John
Does it not matter that I wasnt a BC at the time she married me?
No, that does not matter at all. The important thing is that she is married to a British Citizen when she applies.

Posted: Thu Jun 24, 2010 3:30 pm
by shs213
John wrote:
Does it not matter that I wasnt a BC at the time she married me?
No, that does not matter at all. The important thing is that she is married to a British Citizen when she applies.
Cheers John...