Wife's eligibility for British Citizenship

kdsuk · Post by **kdsuk** » Mon Jan 23, 2012 11:06 am

Hello everyone,
Can some one please advice me on my wife's eligibility for British Citizenship i.e. when she can apply
Her visa details are:

Student visa Oct 2007- Nov 2008
Post studt work visa 10 Nov 2008 - 9 Nov 2010

She stayed in her home country from 30 Nov 2008 till 12 Dec 2009 ( For 1 year)

Came to UK on 12.12.2009 on PSW visa
Changed to dependant visa - 28.10.2010 - 24.10.2011

Got ILR on 24.10.2011 on the basis of dependant of HSMP JR applicant.

My visa status - ILR started on 24.10.2011

Ny question is, can she apply with me for British citizenship on or after 24.10.2012

OR She has to wait until 12.12.2012

I will be grateful for any kind advise

Post by **Jambo** » Mon Jan 23, 2012 11:34 am

rules when spouse is applying.

kdsuk · Post by **kdsuk** » Mon Jan 23, 2012 11:51 am

Thanks Jambo,
What I understand from the link is..
First I have to apply for Citizenship and once I get it, my wife can straightaway apply for BC. As By that time, she will have completed 3 years of residence rquirement.
Am I right?

Post by **Jambo** » Mon Jan 23, 2012 11:58 am

Correct.

Another option stated in the link is that your wife could be eligible to apply on her own merit (5 years residence etc) but that depends on how many days of absence she had in the 5 years (including the 1 year away) and if she meets the other requirements.

kdsuk · Post by **kdsuk** » Mon Jan 23, 2012 12:32 pm

I think, in second option, days of absence are more than 400.
So its a risk to apply for her on the basis of 5 years residence requirement.
Another question?
So there is no option we can apply together even after 12.12.2012, when she completes 3 years of residency requirement?
Thanks

Post by **Jambo** » Mon Jan 23, 2012 1:45 pm

It needs to be more the 480 days to be risky (discretion is normally applied upto 480 days).

There is an option to apply together. See here. However, I have no idea what is the success rate of this option and she would probably be better with asking for discretion for the absence days.

kdsuk · Post by **kdsuk** » Mon Jan 23, 2012 4:55 pm

Thanks Jambo,
I just checked on UKBA website. The maximum leave allowed in 5 years residency period is 450 days. My wife has 447 leaves including 1 year out of UK stay. So probably, she will be fine. But her first year of stay in UK is on student visa. Will it count towards 5 year residency period?

Sorry another question, If she is eligible for BC on the basis of her 5 year stay, Can we make a joint application for BC or it will be 2 individual applications on or after 24.10.2012

Thanks and Best Regards

Post by **Jambo** » Mon Jan 23, 2012 5:02 pm

kdsuk wrote: But her first year of stay in UK is on student visa. Will it count towards 5 year residency period?

Yes. Any legal stay counts.

The rule is upto 450 days but the HO will normally apply discretion with absences upto 480 days.

If she is eligible for BC on the basis of her 5 year stay, Can we make a joint application for BC or it will be 2 individual applications on or after 24.10.2012

Joint.
Just make sure both of you have been physically in the UK, on the exact date 5 years before the application reaches the HO. This is a must requirement and the HO have no discretion about it. It's either pass or fail so make sure to apply after the date your wife arrived to the UK in 2007.

kdsuk · Post by **kdsuk** » Mon Jan 23, 2012 5:19 pm

Thanks a lot for your advise, Jambo.
I really appreciate.
In most of visas, even in Tier 1 general and HSMP, if someone spent more than 90 days on stretch out from UK, his/her immigration clock gets reset.
Does that not apply in my wife's case? She has spent a complete year outside uk?

Post by **Jambo** » Mon Jan 23, 2012 5:30 pm

No. The requirements for naturalisation are different. If she meets them, she can apply.

Taking it to the extreme: she could have been in the UK on a tourist visa, then been away for 449 days, come back as a tier-1 spouse without leaving the UK anymore, get ILR after two years and apply after 5 years from her visit as a tourist.

kdsuk · Post by **kdsuk** » Tue Jan 24, 2012 9:22 am

Thanks a ton Jambo

kdsuk · Post by **kdsuk** » Mon Nov 19, 2012 10:09 pm

Thanks, in context with the details above, what address my wife should put in AN form ( should it be home country or UK address) for the duration when she was in her home country for more than a year?

thanks and Regards

Post by **Jambo** » Mon Nov 19, 2012 10:39 pm

It need to be the address you lived in. If it is overseas, that's not a problem.

kdsuk · Post by **kdsuk** » Tue Nov 20, 2012 9:45 am

Thanks Jambo,
Will not it be a problem? As she claiming BC on basis of 5 year UK residence requirement and her full 1 year shown on the form overseas?
Regards

Post by **Jambo** » Tue Nov 20, 2012 10:19 am

As long as she meets the requirements which allow upto 450 days of absence, that would not be an issue.

kdsuk · Post by **kdsuk** » Tue Nov 20, 2012 1:51 pm

Cheers Jambo,
Thanks a lot

ajf · Post by **ajf** » Mon Jan 14, 2013 6:33 pm

Hi all, first off, what a great forum with exhaustive information, in return I hope to contribute our experiences once our process begins.
Bear with me as I will try to relay all facts to assist anyone that is kind enough to offer advice.
I am a UK citizen by birth but for the past five years have been non resident for tax purposes.
I have property in the UK which is currently let.
I intend to purchase further accommodation for our own use when we return.
My my primary contract of employment is with a UK based employer who for the past five years has seconded me to our Singapore office.
My salary is paid into a UK bank, where the bulk of my savings are also.
My wife, a non EEA resident (Azeri), has the opportunity to transfer to the UK via her employer on a long term basis.
The second property for our use will be part mortgaged in my name, I will also ensure some utility bills are registered in my name (if indeed anyone thinks this is prudent)
I intend to remain non resident for tax purposes using the under 90 days in the UK rule.
It is all so convoluted, my head is spinning with questions so any advice would be appreciated.
The main question I guess is will a spousal application be affected by my "non resident for tax purposes" status, in which case she would forego the 3 year period and wait until the 5 year period is applicable.
If my non residency status does not affect the spousal application am I correct in assuming a 3 year period where she will be in the UK on a work permit counts toward her spousal application?
Her employer will do all necessary paperwork and make the application for her to transfer to the UK for the work basis.
Is there any requirement or is it advisable for her to come to the UK on any other type visa? (which would probably be unacceptable to her employer anyway, so mute point).
Thanks in advance to anyone offering advice.
A...

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Wife's eligibility for British Citizenship

Wife's eligibility for British Citizenship