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Naturalisation Application Questions

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

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parvez
Newbie
Posts: 47
Joined: Thu Dec 06, 2007 3:33 pm

Naturalisation Application Questions

Post by parvez » Mon Jan 25, 2010 2:01 pm

Hi All,

My brother's wife currently holds ILR and now wishes to apply for naturalisation as a British Citizen on the basis of marriage to my brother who is a British Citizen.

She has been resident in the UK since August 2005 and her immigration history is as follows:

August 2005 - August 2007: 2 year spouse visa
August 2007 - August 2009: Further Leave to Remain (due to not satisfying ESOL/KOL requirement at the time)
August 2009 - Present: Indefinite Leave to Remain

She has a a few question which I would be grateful if somebody could answer/clarify before she sends off her application:

1. She is a housewife and always has been since her entry into the UK. Her husband (my brother) is in full-time employment and has been so for several years. Is it OK to strike through questions 3.2, 3.3, 3.4 and 3.5 of application form AN as "N/A"?

2. Her current passport shows her maiden name which is obviously different to the one she uses since marriage. Is it OK to put her current name (after marriage) to answer questions 1.5 and 1.6 and state the name in her passport to answer question 1.7? And then obviously explain all of this on page 14 of the form?

3. As indicated by the dates I showed above, she has been resident in the UK for almost 5 years now. I understand that one of the requirements for naturalisation as a BC on the basis of marriage to a BC is that you must be able to show that you have been physically present in the UK for 3 years before the date of the application. Could someone please clarify this requirement. Does it mean that you must be physically present in the UK throughout the whole 3 years immediately before the day of the application? Or do you just need to show that you have been physically present in the UK for 3 years before the day of the application (ie: gaps of holidays abroad are OK?). I ask this as she temorarily went to her home country for a short holiday (I think it was about 4 weeks) in mid-2007.

Thanks :D

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Mon Jan 25, 2010 3:03 pm

1/ i would just put N/A

2/ I am not sure about this but i think you are right in what you suggest. Others who have gone through the process please comment. Alternatively she could apply under her maiden name and then change when applying for British passport

3/ Basically if you are applying today 25 January 2010 you need to have been PHYSICALLY PRESENT in the UK on this day 3 years ago 2007 ie 25 January 2007. Dates of absences after this date will be toted up as per the requirement

parvez
Newbie
Posts: 47
Joined: Thu Dec 06, 2007 3:33 pm

Post by parvez » Mon Jan 25, 2010 3:55 pm

Thanks f2k

Just to clarify further on your last response, when you say "dates of absence after this date will be toted up as per the requirement". Does this mean she should be OK as long as her absence from UK:
- since 25 January 2007 in your example does not exceed 270 days
- since 25 January 2009 in your example does not exceed 90 days

Correct?

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Mon Jan 25, 2010 3:59 pm

yes that is correct

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