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British Citizenship

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

Post by rajee120 » Mon Feb 16, 2015 11:49 pm

Hello All,

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

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

Re: British Citizenship

Post by vinny » Tue Feb 17, 2015 12:53 am

She should postpone her trip until she is granted Citizenship, else she should wait at least another year after she returns.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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

Re: British Citizenship

Post by rajee120 » Tue Feb 17, 2015 10:25 pm

Hello Vinny,

Thanks a lot for your response.

I read about applying for discretion for absences more than 90 days. We can prove that by saying we have settled here and bought a house etc.

Would that not work?

Regards,
R

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: British Citizenship

Post by milan69 » Tue Feb 17, 2015 10:30 pm

How may days was your wife absent in the last year?
I am sometimes wrong.

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

Re: British Citizenship

Post by rajee120 » Fri Feb 20, 2015 6:03 pm

Hi vinny,

She has not yet travelled to India. She will complete her 5 years oAugust 20 2015 but she is looking to go to India for 3-4 months from June to September 2015.

How will the 90 days absence rule applied?

Technically her last year would be August 20 2014 to August 20 2015 and should she not be absent more than 90 days in this time?

Can you please give your opinion ?

Regards
R

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: British Citizenship

Post by milan69 » Fri Feb 20, 2015 6:34 pm

Only 90 days of absences are allowed in the final year. The last day of the final year is the day when HO receives your application.
Anything above that and your wife will have to apply for discretion.
I am sometimes wrong.

akhurshid
Senior Member
Posts: 712
Joined: Thu Aug 08, 2013 1:28 pm
Location: UK

Re: British Citizenship

Post by akhurshid » Fri Feb 20, 2015 7:04 pm

rajee120 wrote: She has not yet travelled to India. She will complete her 5 years oAugust 20 2015 but she is looking to go to India for 3-4 months from June to September 2015.
Milan69 is correct but I would like to point out that 3 - 4 month period is 90 to 120 days and how are you planning to apply in August when she is in India?

You can make your application now, hopefully you'll get it in couple of months. Apply for your wife on 3 years basis, on the same day you have your ceremony and then she can travel as much as she like.

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

Re: British Citizenship

Post by rajee120 » Sun Feb 22, 2015 12:22 pm

Hi milan69 & akhurshid,

Thanks for your suggestions.

I think applying on 3 year basis is the safest bet although I heard applying for discretion for last year absences more than 90 days (if you can prove that you have settled here) will generally be considered?

However if I decided to apply for her based on 3 year rule when should I apply? I think easiest option is to apply for her citizenship once she comes back from India?

Regards,
R

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

Re: British Citizenship

Post by vinny » Sun Feb 22, 2015 12:50 pm

She may also apply from India as spouse of a British citizen, if she meets all the requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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

Re: British Citizenship

Post by rajee120 » Sat Mar 07, 2015 11:06 pm

Hello

I have below questions on the process for getting British Citizenship.

1) What is the maximum period before when I should attend Citizenship ceremony? Is it 90 days after getting naturalization certificate?
2) Is there any time period before which I should apply for British Passport after getting Citizenship?
3) Is there any time period before which I should cancel Indian passport?

Regards,
R

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: British Citizenship

Post by CR001 » Sun Mar 08, 2015 12:00 pm

1) What is the maximum period before when I should attend Citizenship ceremony? Is it 90 days after getting naturalization certificate? It is within 90 days of receiving your approval letter. You only get the certificate at the ceremony.
2) Is there any time period before which I should apply for British Passport after getting Citizenship? No
3) Is there any time period before which I should cancel Indian passport? 90 days after becoming British, which is the day you attend your ceremony
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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