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Wife's Application for naturalisation as a BC - Residence requirements tricky situation

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

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dreamers315
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Wife's Application for naturalisation as a BC - supporting docs Section 5 query

Post by dreamers315 » Mon Jul 19, 2021 9:17 pm

Hello Guys

I have searched around the site but couldn't find the relevant answer for my query so posting this as a new one.

I'm a british citizen (got through naturalisation application) and my wife (unemployed or in other words housewife) is currently holding BRP (ILR) since Jan 2018 and she is an Indian citizen. I'm currently in the process of applying "Naturalisation as a British Citizen" for my wife and the found the following paragraph under Supporting Documents section page 31 in the latest Form AN application form (version 07/21).

We are going to submit her original BRP ILR card and passport along with the application and have also enclosed all BRP(ILR) related information in section "6 - Biometric enrolment" of the Form AN application.

My question is it doesn't have an option for biometric residence permit (BRP) showing ILR [indefinite leave to remain] as an option to prove freedom from immigration time restrictions? Not sure i can write this additional option to the below list?

SECTION 5: Evidence of freedom from immigration time restrictions: required for all applicants
except those covered by SECTION 4 above, either:
• your passport showing permission to remain permanently in the UK
• the Home Office letter by which you were given permission to remain permanently in the UK
• if you came to the UK as an asylum seeker you should have evidence of appeal applications
• evidence of being freely landed
• if you are an Irish national you must provide your Irish passport

Any help would be appreciated. Cheers.

Thanks

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CR001
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Re: Wife's Application for naturalisation as a BC - supporting docs Section 5 query

Post by CR001 » Mon Jul 19, 2021 10:47 pm

You should use the online form and not the paper form.

Not need to send originals to UKVI if you apply online.

ILR BRP is the free from immigration control document!!
Char (CR001 not Casa)
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dreamers315
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Joined: Sat Feb 28, 2015 11:04 pm

Re: Wife's Application for naturalisation as a BC - supporting docs Section 5 query

Post by dreamers315 » Mon Jul 19, 2021 11:01 pm

CR001 wrote:
Mon Jul 19, 2021 10:47 pm
You should use the online form and not the paper form.

Not need to send originals to UKVI if you apply online.

ILR BRP is the free from immigration control document!!
Thanks CR001 for your response. Is there any specific reason not to use paper form ?

When you say no need to send original passports and BRP then do we need get notary public certification of those documents and just send that instead or original?

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CR001
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Re: Wife's Application for naturalisation as a BC - supporting docs Section 5 query

Post by CR001 » Tue Jul 20, 2021 5:16 am

Is there any specific reason not to use paper form ?
It is easier and all supporting documents are uploaded digitally, meaning you are not without original documents for months. Applying using the paper form, you have to send all original documents to UKVI and they are kept by ukbi until a decision is made (passport, Brp, etc).
When you say no need to send original passports and BRP then do we need get notary public certification of those documents and just send that instead or original?
No. Applying online you simply scan and upload digital copies. Applying by post originals have to be sent.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dreamers315
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Joined: Sat Feb 28, 2015 11:04 pm

Re: Wife's Application for naturalisation as a BC - supporting docs Section 5 query

Post by dreamers315 » Tue Jul 20, 2021 1:32 pm

CR001 wrote:
Tue Jul 20, 2021 5:16 am
Is there any specific reason not to use paper form ?
It is easier and all supporting documents are uploaded digitally, meaning you are not without original documents for months. Applying using the paper form, you have to send all original documents to UKVI and they are kept by ukbi until a decision is made (passport, Brp, etc).
Thanks for clarifying this.
When you say no need to send original passports and BRP then do we need get notary public certification of those documents and just send that instead or original?
No. Applying online you simply scan and upload digital copies. Applying by post originals have to be sent.
Thanks for clarifying this.

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Wife's Application for naturalisation as a BC - Residence requirements tricky situation

Post by dreamers315 » Tue Jul 20, 2021 2:15 pm

Hello There,

i am in the process of applying BC for my wife through naturalisation. She has been holding her UK BRP ILR since Jan 2018. I have got my BC (through naturalisation) around Nov 2017. We got married in 2012 in India and we both were Indian citizenships at that time.

Option1:
For Proof of living in the UK for 5 years if applying in your own right residence requirements, she was able to prove that she had continuous residency(within the acceptable absence limits) in the uk for the last 5 years and also prove that she was in the UK on the 1st day of 5 years qualifying period from the application date (say 20th July 2021).

Option2:
But for Proof of living in the UK for 3 years if applying as the spouse of a British Citizen, she was able to prove that she had continuous residency(within the acceptable absence limits) in the uk for the last 3 years but can't prove that she was in the UK on the 1st day of 3 years qualifying period from the application date (say 20th July 2021) as was outside of UK during that month.

Obviously, we would like to apply this in her own right residence requirements and not as spouse of British Citizen but when filling up this in online application it doesn't give any option to apply one over the other and in the end of application for documents it asks for marriage certificate of ours, my british passport/citizenship certificate to prove british citizen so i'm confused which of the above option the home office is going to consider (option1 and 2) when processing/handling my application?

do you reckon, its best to wait postpone her online BC application submission till she clears all residency requirements as per option 2 even though she has already satisfied all residency requirements as per option1 or it doesn't matter?

Let me know your thoughts.

Cheers.

dreamers315
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Posts: 42
Joined: Sat Feb 28, 2015 11:04 pm

Re: Wife's Application for naturalisation as a BC - Residence requirements tricky situation

Post by dreamers315 » Wed Jul 21, 2021 8:39 pm

Any help on the above query please?

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