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British Citizenship for Spouse (3 Year Rule)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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rajee120
Newbie
Posts: 35
Joined: Tue Oct 08, 2013 10:27 pm

British Citizenship for Spouse (3 Year Rule)

Post by rajee120 » Mon Feb 09, 2015 10:50 pm

Hello All,

I need some guidance on applying for British Citizenship for Spouse as "Spouse of British Citizen".

I am looking to apply for British Citizenship for me & my wife and we both are on ILR. But my wife came to UK on August 2010 and has not completed 5 years in UK so we can't apply together. However, I am looking to apply her Citizenship as "Spouse of British Citizen" after I get my Citizenship. Then I can apply for her citizenship as she only would need 3 years stay in UK.

When can I apply for her Citizenship using 3 Year rule as "Spouse of British Citizen"?

- Is it immediately after my British Citizenship is approved? i.e., after I get my naturalization certificate?

(or)

- Only after I complete the whole process? i.e., Naturalization certificate/Ceremony/After getting British Passport / Canceling Indian passport?

Any help in this matter would be highly appreciated.

Regards,
R

fwd079
Diamond Member
Posts: 1228
Joined: Tue Sep 03, 2013 9:35 am
Location: United Kingdom

Re: British Citizenship for Spouse (3 Year Rule)

Post by fwd079 » Mon Feb 09, 2015 11:28 pm

As soon as you recieve your certificate.

According to Form AN guide page 16:
APPLICATIONS MADE ON THE BASIS OF MARRIAGE OR CIVIL PARTNERSHIP TO A
BRITISH CITIZEN


Evidence of British citizenship


•Your spouse’s or civil partner’s current passport or naturalisation/registration
certificate
showing that he/she is a British citizen. If you are making your
application by post you can send a complete and full copy of your spouse’s or civil
partner’s current passport. Every page of the passport must be copied including
any blank pages AND

•The marriage certificate or civil partnership certificate
Being British is a state of mind.
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rajee120
Newbie
Posts: 35
Joined: Tue Oct 08, 2013 10:27 pm

Re: British Citizenship for Spouse (3 Year Rule)

Post by rajee120 » Tue Feb 10, 2015 11:47 pm

Hello fwd079,

Thank you very much for your response.

I need one clarification on below point from Form AN.

If you are making your application by post you can send a complete and full copy of your spouse’s or civil partner’s current passport.

-Above point says to submit Spouse's current passport. Is this for evidence of British Citizenship. In this case, my current passport will not be British Passport. Or it is acceptable to submit Indian passport & Naturalization certificate as evidence of British Citizenship. I will be applying my wife's BC through Post (through NCS).

Regards,
Rajesh

vinny
Moderator
Posts: 30407
Joined: Tue Sep 25, 2007 7:58 pm

Re: British Citizenship for Spouse (3 Year Rule)

Post by vinny » Tue Feb 10, 2015 11:54 pm

IMHO, acceptable to submit Indian passport & Naturalization certificate as evidence of British Citizenship.
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fwd079
Diamond Member
Posts: 1228
Joined: Tue Sep 03, 2013 9:35 am
Location: United Kingdom

Re: British Citizenship for Spouse (3 Year Rule)

Post by fwd079 » Wed Feb 11, 2015 2:04 pm

rajee120 wrote:Hello fwd079,

Thank you very much for your response.

I need one clarification on below point from Form AN.

If you are making your application by post you can send a complete and full copy of your spouse’s or civil partner’s current passport.

-Above point says to submit Spouse's current passport. Is this for evidence of British Citizenship. In this case, my current passport will not be British Passport. Or it is acceptable to submit Indian passport & Naturalization certificate as evidence of British Citizenship. I will be applying my wife's BC through Post (through NCS).

Regards,
Rajesh
Through NCS is not through post, its through NCS. There is no "in person" route to Citizenship.

So, NCS will check and photocopy your certificate and passport, and certify photocopies and send them on your behalf, they will give your originals back to you.

And as vinny suggested that should be okay.
Being British is a state of mind.
Want to maintain timeline of any thread? Click here and grab template.

rajee120
Newbie
Posts: 35
Joined: Tue Oct 08, 2013 10:27 pm

Re: British Citizenship for Spouse (3 Year Rule)

Post by rajee120 » Thu Feb 12, 2015 11:41 pm

Hello All,

Thanks a lot for all your responses. Much appreciated.

I would like to get your opinion on my situation and best possible option to apply for British Citizenship for me & my wife.

- I came to UK in Dec 2008 on Work Permit. Got ILR in Nov 2013. Completed 1 year after ILR and has completed 5 years stay in UK. So I am eligible for BC.
- My wife came to UK in August 2010. Got ILR in Nov 2013. She is not eligible as she has not completed 5 years in UK.
- I realize there are two options to apply for BC for my wife. (1) Wait till August 2015 and apply on 5 year stay basis (2) Apply as Spouse of British Citizen after I get my BC/Naturalization certificate.
- In both cases, she should not be out of country for more than 90 days in last year i.e 2015.
- She will have to travel to India for 4-5 months (not very clear, how long) in June 2015 as we recently had a baby.

Given my situation, what is the best possible option to apply for BC for me & my wife?
1) Do I apply for my BC now and apply her BC immediately after I get my naturalization certificate? I am not sure whether entire process for both of us will finish before June 2015 (including ceremony/applying for BC/canceling Indian passport etc.)
2) We both apply together after she returns from India (May be in Oct/Nov 2015). She would have completed 5 years stay by then. But she will have more than 90 days absence in her last year. But I heard about for discretion as long as I prove that I have settled here. I have bought a house here and we both pay council tax every month. Will this option work?

Sorry, lengthy post. But your help will be much appreciated.

Regards,
R

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