Citizenship question. When can/should I apply?

[threepwood]

Hi,
I'm hoping someone will be able to answer my question

I have lived with my partner (who is British) in the UK since February 2004. (I came here on a work visa in December 2003). Initially, I was in the UK on only a six-month work visa.
In June 2004, I went back to Thailand just before the entry clearance (visa) expired, this was simply because I did not want to extend my working visa here because it takes a long time (easier to get another work visa in Thailand than to extend it from here) and I needed time to prepare for our wedding. I came back in July 2004 with another six-months work visa and we got married in the UK in October of 2005. Soon after that, my employer had my work visa extended for me which involved a few months of my passport being sent away. I therefore, only applied for a two-year leave to remain (as a spouse of a British citizen) in January 2005 (which was granted).

We are planning to apply for my ILR in January 2007 and naturalisation a year after that. However, after reading some of the information on this web-board, I have a suspicion that we may not need to wait that long (Jan 2008) to take the exam and apply for citizenship.

Is anyone able to shed some light on this? Do we need to wait until my two-year leave to remain is about to expire and then apply for an ILR and then wait another year to apply for naturalisation (given that I have entered the UK in Dec 2003)?

Really appreciate your help.

[ppron747]

The basic requirements for someone married to a British citizen are that you were physically in the the UK on the specific day three years before you apply for naturalisation, and that you have ILR on the day that you apply - you don't need to have had it for year, unlike people who aren't married to BCs. You're allowed to have been outside UK for up to 270 days in that three year period, of which no more than 90 can be in the final year.

As you say, you'll need to apply for ILR up to a month before your current permission expires, and once it has been granted you'll be eligible to apply for naturalisation immediately, given that you've been here since December 2003 - it doesn't matter that you didn't originally arrive here as a spouse or fiance.

You'll need Application and Guidance note AN(NEW), fromthis page on the IND website

[threepwood]

Thank you very much for your reply. This makes the whole process much quicker.

I have a follow on question relating to my 12 year old daughter from my first marriage. She is coming to the UK to live with us in September with an entry clearance visa as my husband's dependant.

My question is when will she be able to apply for ILR and then citizenship? As my daughter, can she apply at the same time as me?

Many thanks again.

[ppron747]

I've had a quick look at the IND Nationality Instructions, and I think that, so long as she is still under 13 by the time you apply for naturalisation - and provided that her father consents - there's a good chance that they will register her as a British citizen if you apply (Form MN1) at the same time as you apply for naturalisation.

But if she is already 13 by then, the instructions say they would normally expect her to have been here for two years before being registered
.
Why not have a look at the instructions yourself? You want para 9.15, on this page of the IND website.

[JAJ]

I've had a quick look at the IND Nationality Instructions, and I think that, so long as she is still under 13 by the time you apply for naturalisation - and provided that her father consents - there's a good chance that they will register her as a British citizen if you apply (Form MN1) at the same time as you apply for naturalisation.

But if she is already 13 by then, the instructions say they would normally expect her to have been here for two years before being registered
.
Why not have a look at the instructions yourself? You want para 9.15, on this page of the IND website.

While the Home Office do normally seek the consent of the other parent for most s3(1) applications, it can be dispensed with in some circumstances, including:

- where the other parent does not have "parental responsibility"; or
- the other parent cannot be traced; or
- the other parent objects unreasonably; or
- in the case of an older child, the child expresses a wish to become British.

Circumstances are explained in full in section 9.16 of the Nationality Instructions.

Parental consent is not required if the child has an entitlement to British citizenship, eg under s1(3) or s1(4) of the Act.

[threepwood]

Thank you so much for your replies. It is really good news that we can apply for citizenship in January. I will read the boards for tips on the documents that we need to provide.

Thanks again

Threepwood

[John]

Threepwood, I agree with the advice given here, that you can apply for ILR next January and as soon as that is granted you can apply for naturalisation immediately thereafter. I also agree that your daughter ... now 12 years old .... can be Registered as British at the same time as you are Naturalised ... as long as she is still 12 years old .... otherwise she will need to be Registered two years after she arrives in the UK.

Just one thing to add. In your opening message you mention the Citizenship Test. You are quite right to do so. You cannot apply for Naturalisation unless you can enclose a pass certificate from that test. But there is no need for you to delay studying for and passing that test. You can get it out of the way as soon as you like. Indeed you might like to plan to get that test out of the way with at least say three months to spare .... in order to not put too much pressure on you near to January when you might be applying for Naturalisation. This study guide is recommended.

[chowdry]

threepwood

I'm about to sit the test myself, Im using the online practice tests I found on the following site http://www.myuktest.co.uk they are very good and the site also has a load of other useful info regarding the UK Citizenship Test.

The site comes highly recommended.

Think i'll be ready for the BIG one once ive done a few more practice tests. Going for 100% ... Home Office watch out ! Ha Ha Ha.

Anyway ... good luck,

mic