What if?

Siggi · Post by **Siggi** » Wed Jul 25, 2007 1:33 pm

I have now been in the UK for 4years 6months on a Ancestral visa,plus a extension.
My wife is a dependant of my Ancestral visa.
After a long battle with the Home Office I may now be granted BC via my Mother .Long over due!
Question is will the BIA inturn allow my wife to apply for naturalisation, without her having to apply for ILR, if I 'm now regarded as British?

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 1:41 pm

Afraid not. Your wife cannot get naturalised from within the UK until she has had ILR.

She is going to be a bit stuck actually. Once you get naturalised, she is going to have to switch to being your spouse, which is going to put back her ILR by two years. Assuming your wife has also been in the UK for nearly 5 years, she is due for ILR soon anyway, but she can't remain as the dependent of an Ancestry visa holder if you are no longer on an ancestry visa.

Can you hold off getting your citizenship for 5 months???

Victoria

Christophe · Post by **Christophe** » Wed Jul 25, 2007 1:58 pm

VictoriaS wrote:Can you hold off getting your citizenship for 5 months???

A possible advantage of naturalising as British on the basis of residency rather than (presumably?) registering on the basis of your mother is that if you naturalise you will be a British citizen otherwise than by descent, which means that any children born to you outside the UK will be automatically British by descent. Of course, depending on your circumstances and future plans, this may or may not be important to you, but it could be something worth putting into the balance.

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:00 pm

Absolutely. Though I was suggesting that the OP's wife naturalise, then the OP de-stalls (is that a word?) his registration application. Any children born to then will be BC's anyway, by virtue of his wife's status, even if born overseas.

But I see what you mean. Is there a real advantage to the OP registering now or waiting 6 months to naturalise?

Victoria

Siggi · Post by **Siggi** » Wed Jul 25, 2007 2:18 pm

Well VictoriaS, I'm please you have replied, so I can now see you earning your worth.Thank's!

If I understand you both correctly, would it not be better for me to wait the 6months to ILR, in which case my wife would have her ILR and then I could claim what is rightly my birth right albeit 6 months later.(Well 30years too late)That way my wife would only need to wait one further year for her Naturalistion

As far as British by decent or via Naturalistion, my daughter was born here and will be become British either way next year.

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:22 pm

It's even better than that!

Once your wife gets her ILR, and you get your (horribly delayed!) British citizenship, your wife will no longer be bound by the rules which state that she has to wait 5 years + 12 months free from immigration control before she can apply for naturalisation. As she will then be a spouse of a UK national, in order to get naturalised she only needs 3 years residency and ILR, with no 12 month free period.

So...she gets ILR, you get naturalised, and the very minute you get your certificate she can apply to naturalise too! You'll both be British by Christmas

Victoria

Siggi · Post by **Siggi** » Wed Jul 25, 2007 2:37 pm

VictoriaS,
Thank you for your great bit of advice, so you are saying the moment I become a British National and my wife has her ILR she to can then become Naturalised, regardless of how long she has had her ILR?
Fantastic!! Yepy Yepy!!

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:42 pm

Siggi wrote:VictoriaS,
Thank you for your great bit of advice, so you are saying the moment I become a British National and my wife has her ILR she to can then become Naturalised, regardless of how long she has had her ILR?
Fantastic!! Yepy Yepy!!

Yep...as long as her husband is British, she has ILR and has been in the UK for 3 years, she can apply for naturalisation.

Victoria

Christophe · Post by **Christophe** » Wed Jul 25, 2007 3:00 pm

Siggi wrote:... so you are saying the moment I become a British National and my wife has her ILR she to can then become Naturalised, regardless of how long she has had her ILR?
Fantastic!! Yepy Yepy!!

Yes, the requirement for her, as the spouse of a British citizen, would be that she has 3 years' residence in the UK and that she has ILR on the day that she applies (plus the other requirements, of course). In particular, it's worth noting that she does not have to have been the spouse of a British citizen for the whole of the 3-year period (which is a common misinterpretation).

Smit · Post by **Smit** » Wed Jul 25, 2007 3:17 pm

Siggi,

Your situation is almost identical to another poster who obtained BC through his mother (UKM application) and his wife was able to apply for BC (without applying for ILR) using the ppron method.

My advise to you is to check this out and follow it very carefully:

http://www.ukresident.com/forums/index. ... opic=37084

This page gives a history of the other person who was in your situation:

http://www.ukresident.com/forums/index. ... entry57453

Good luck

Siggi · Post by **Siggi** » Wed Jul 25, 2007 3:25 pm

VictoraiS,
What do you think of Smit recomendation of using the ppron?
Would save a lot of money if it works!

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 4:09 pm

I thought someone would mention that at some point!

Yes, it will save money. But I am loathe to recommend that as a solution when there is a more straight forward (albeit expensive) route.

Victoria

Siggi · Post by **Siggi** » Wed Jul 25, 2007 6:02 pm

VictoriaS
What do you see as the pitfalls in the pporn method?

JAJ · Post by **JAJ** » Wed Jul 25, 2007 10:43 pm

Siggi wrote:VictoriaS
What do you see as the pitfalls in the pporn method?

Only the fact that it demands a lot intellectually from the applicant (especially as the Home Office & Embassy are easily confused about the rules). Plus the travel costs, and in some cases, a visa to get to the Republic of Ireland.

Siggi · Post by **Siggi** » Thu Jul 26, 2007 8:52 am

JAJ

What do you mean by a lot of "Intellectuallly from the applicant"?

Why doe's one have to apply from the Republic of Ireland?

Please could you explain intelligently the whole ppron method?

SYH · Post by **SYH** » Thu Jul 26, 2007 9:39 am

Siggi wrote:JAJ

What do you mean by a lot of "Intellectuallly from the applicant"?

Why doe's one have to apply from the Republic of Ireland?

Please could you explain intelligently the whole ppron method?

He means you have to be on your game to use this method. It is not for the faint of heart and unless you know the rules inside and out and are willing to discuss forcefully with all the parties involved, it will be mentally draining since you will have to keep track of all the moving parts in this methodology. The ppron method is not standard, they didn't envision issuing visas in this manner so they are not going to be inclined to issue it to you in this manner, only if you force their hand

VictoriaS · Post by **VictoriaS** » Thu Jul 26, 2007 9:42 am

It's not actually a visa application, it is an application for naturalisation. Do a search, it's around somewhere.

It's a hassle, basically. It involves going abroad (Ireland is easiest) and then convincing a consulate that the application is valid.

Victoria

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What if?

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