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Which Route to use - British spouse or ILR?

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

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herrrr
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Which Route to use - British spouse or ILR?

Post by herrrr » Wed Dec 16, 2020 2:39 pm

Hi

Can I please have some advice/experience on which route is easier in terms of preparing documentations and process time.

I’m non-EEA, quality both applying through having British Spouse and having ILR (I.e having ILR for more than 12 months). The application website says you can choose either way. Just wondered which way is easier to use if anyone has similar experience.

Many thanks in advance!

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Re: Which Route to use - British spouse or ILR?

Post by secret.simon » Wed Dec 16, 2020 3:21 pm

Were you physically present in the UK both exactly five years ago and three years ago?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Wed Dec 16, 2020 4:31 pm

Hi, yes I was.

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CULLINAN
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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Wed Dec 16, 2020 5:44 pm

If you qualify on both Sections 6(1) and 6(2) of the BNA 1981, your choice.

In my opinion, majority Section 6(2) applications are processed quicker (personal observation). You will need to submit marriage certificate and spouse British passport copy for this.

Note: When you fill the online form and input your British spouse Nationality, the form will automatically assume you are applying via Section 6(2) and generate marriage certificate and spouse’s British Passport copy in the documents checklist as mandatory.

However, if you wish to go by Section 6(1) instead, obviously your choice, clarify in the cover letter that you want your application to be processed under Section 6(1). In this case you will apply in your own right. 5 years of residence and Section 6(1) absence limits etc. No marriage certificate OR British Spouse passport copy required.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Thu Dec 17, 2020 7:17 pm

CULLINAN wrote:
Wed Dec 16, 2020 5:44 pm
If you qualify on both Sections 6(1) and 6(2) of the BNA 1981, your choice.

In my opinion, majority Section 6(2) applications are processed quicker (personal observation). You will need to submit marriage certificate and spouse British passport copy for this.

Note: When you fill the online form and input your British spouse Nationality, the form will automatically assume you are applying via Section 6(2) and generate marriage certificate and spouse’s British Passport copy in the documents checklist as mandatory.

However, if you wish to go by Section 6(1) instead, obviously your choice, clarify in the cover letter that you want your application to be processed under Section 6(1). In this case you will apply in your own right. 5 years of residence and Section 6(1) absence limits etc. No marriage certificate OR British Spouse passport copy required.
Thank you so much, you kind of confirmed what I was thinking. I also noticed that through British spouse and through own right seem to be using the same form. In the document section it did mention provide the list of document “as many as you can”, I don’t know if one doesn’t provide spouse’s passport and marriage certificate it will be treated applying by their own right automatically.

It seems like most people chose to apply through British spouse, although I haven’t had much of observation.

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Thu Dec 17, 2020 7:26 pm

My wife is British and I applied via Section 6(1). Primarily because my religious marriage is not considered legal as per UK law (I have always declared myself as married in all my UK immigration applications or AN though and clarified as “religious marriage” in notes).

I could not have gone through Section 6(2) anyways as my marriage is not registered as per UK law. But to avoid faulty checklist:

I declared her Pakistani nationality in the online form only so it generates an accurate checklist as per Section 6(1) and declared her British Nationality in the cover letter.
Had no issues.

In your case, your marriage is considered legal in UK but still you have an option to choose between both sections.

I just wanted to mention how you can clarify in the cover letter or avoid the online form generating a faulty checklist.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Thu Dec 17, 2020 8:57 pm

CULLINAN wrote:
Thu Dec 17, 2020 7:26 pm
My wife is British and I applied via Section 6(1). Primarily because my religious marriage is not considered legal as per UK law (I have always declared myself as married in all my UK immigration applications or AN though and clarified as “religious marriage” in notes).

I could not have gone through Section 6(2) anyways as my marriage is not registered as per UK law. But to avoid faulty checklist:

I declared her Pakistani nationality in the online form only so it generates an accurate checklist as per Section 6(1) and declared her British Nationality in the cover letter.
Had no issues.

In your case, your marriage is considered legal in UK but still you have an option to choose between both sections.

I just wanted to mention how you can clarify in the cover letter or avoid the online form generating a faulty checklist.
Thank you for sharing your experience, it showed the possibility of applying with own rights when one can apply with both. Much appreciated.

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Employment History & how fresh the referee signature should be

Post by herrrr » Sat Dec 19, 2020 9:36 pm

Hi all

Thought I should add my additional in the same thread:

1. Past 10 year’s employment history - I can’t remember them all with start dates and end dates so trying to request an employment history like others did in this forum. Is the below form the correct form for this request? I.e am I supposed to request the national insurance history - will it give me a list of employer name and dates.
https://www.tax.service.gov.uk/shortfor ... 1608327483

2. Referees’ declaration signature - I haven’t submitted my application yet and I heard it’s not very easy to book a biometric appointment near the term nowadays. How fresh should these declaration forms be - there were some requirements in ILR application that evidence should be within 1 month old, and I assume it’s similar to the naturalisation applications? Should the date on the declaration form be within 1 month or the online application form submission date?

Many thanks as always.

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Sat Dec 19, 2020 9:55 pm

1) Dates are “if known” question. You may provide estimates and clarify in the cover letter OR leave it empty.

2) Date of application is the date you pay and submit online. Biometrics date is irrelevant. Get referees sign anytime closer to date of application (ideally not more than 1 month old) OR anytime after date of submission and up to before biometrics.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Sat Dec 19, 2020 11:26 pm

CULLINAN wrote:
Sat Dec 19, 2020 9:55 pm
1) Dates are “if known” question. You may provide estimates and clarify in the cover letter OR leave it empty.

2) Date of application is the date you pay and submit online. Biometrics date is irrelevant. Get referees sign anytime closer to date of application (ideally not more than 1 month old) OR anytime after date of submission and up to before biometrics.
CULLINAN wrote:
Sat Dec 19, 2020 9:55 pm
1) Dates are “if known” question. You may provide estimates and clarify in the cover letter OR leave it empty.

2) Date of application is the date you pay and submit online. Biometrics date is irrelevant. Get referees sign anytime closer to date of application (ideally not more than 1 month old) OR anytime after date of submission and up to before biometrics.
Thank you so much for your swift response!

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Reuse same email address for dummy and real application

Post by herrrr » Sun Dec 20, 2020 8:34 pm

Sorry I happened to see the other thread where you mentioned don’t use the same email address for dummy and real applications - may I ask why? Many thanks.

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Re: Reuse same email address for dummy and real application

Post by CULLINAN » Sun Dec 20, 2020 8:41 pm

herrrr wrote:
Sun Dec 20, 2020 8:34 pm
Sorry I happened to see the other thread where you mentioned don’t use the same email address for dummy and real applications - may I ask why? Many thanks.
Did you save your dummy application and verified the email address? or just ran the dummy application without verifying the email address?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Reuse same email address for dummy and real application

Post by herrrr » Sun Dec 20, 2020 8:59 pm

CULLINAN wrote:
Sun Dec 20, 2020 8:41 pm
herrrr wrote:
Sun Dec 20, 2020 8:34 pm
Sorry I happened to see the other thread where you mentioned don’t use the same email address for dummy and real applications - may I ask why? Many thanks.
Did you save your dummy application and verified the email address? or just ran the dummy application without verifying the email address?
Hi, yes I did - I didn’t think it would be an issue and I had probably 3 dummy ones as I couldn’t find the link sent to my email to log back for a few times.. the website did allow me to create new dummy application under the same email address though. What would happen if I officially submit one of them? Will the system get confused? I don’t know how the online system works.. thanks.

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Sun Dec 20, 2020 9:04 pm

No I dont think so. I advised the other member to avoid it as a precautionary measure but you can go ahead. I think you will be okay.

I do not have a first hand experience if that will cause any confusion or not. I just advise to use a different email to run dummy applications occasionally to be on the safe side.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Sun Dec 20, 2020 9:23 pm

CULLINAN wrote:
Sun Dec 20, 2020 9:04 pm
No I dont think so. I advised the other member to avoid it as a precautionary measure but you can go ahead. I think you will be okay.

I do not have a first hand experience if that will cause any confusion or not. I just advise to use a different email to run dummy applications occasionally to be on the safe side.
Ok thank you, I thought you have seen some cases that the system got confused by multiple applications form live under same email address. But you are right, better for others to run dummy ones under different address on the safe side.

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Sun Dec 20, 2020 9:25 pm

Keep us posted with your experience on this please as this will help others. Thanks.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Sun Dec 20, 2020 10:26 pm

CULLINAN wrote:
Sun Dec 20, 2020 9:25 pm
Keep us posted with your experience on this please as this will help others. Thanks.
Thanks, will do!

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Re: Employment History & how fresh the referee signature should be

Post by herrrr » Tue Dec 22, 2020 9:46 pm

herrrr wrote:
Sat Dec 19, 2020 9:36 pm
Hi all

Thought I should add my additional in the same thread:

1. Past 10 year’s employment history - I can’t remember them all with start dates and end dates so trying to request an employment history like others did in this forum. Is the below form the correct form for this request? I.e am I supposed to request the national insurance history - will it give me a list of employer name and dates.
https://www.tax.service.gov.uk/shortfor ... 1608327483

2. Referees’ declaration signature - I haven’t submitted my application yet and I heard it’s not very easy to book a biometric appointment near the term nowadays. How fresh should these declaration forms be - there were some requirements in ILR application that evidence should be within 1 month old, and I assume it’s similar to the naturalisation applications? Should the date on the declaration form be within 1 month or the online application form submission date?

Many thanks as always.
Hi,

I found I’m still struggling with the employer names a bit - most of them are restaurants which have closed down.
If I apply for an employer history just to be on the safe side, which form should I use?
I saw someone used this one online:
https://www.tax.service.gov.uk/shortfor ... 1608327483

Someone used this form (needs posting), although it says it’s for claims?
https://assets.publishing.service.gov.u ... ployer.pdf

Can someone please let me know by using which form you’ve received 10 year employment history including employer’s names please?

Many thanks.

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Tue Dec 22, 2020 9:55 pm

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Wed Dec 23, 2020 12:44 am


Thanks a lot!

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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Wed Dec 23, 2020 1:04 am

Do you mind if I ask what to put claims details please? If I tick Other and specify for naturalisation I worry that HMRC will ignore it..

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Re: Which Route to use - British spouse or ILR?

Post by CULLINAN » Wed Dec 23, 2020 1:05 am

Just put for your own use.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Wed Dec 23, 2020 1:46 pm

CULLINAN wrote:
Wed Dec 23, 2020 1:05 am
Just put for your own use.
Ok, thank you!

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Re: Which Route to use - British spouse or ILR?

Post by standrews » Sat Jan 02, 2021 1:54 am

herrrr wrote:
Wed Dec 23, 2020 1:04 am
Do you mind if I ask what to put claims details please? If I tick Other and specify for naturalisation I worry that HMRC will ignore it..
I used the form below for the employment history:

https://www.tax.service.gov.uk/shortforms/form/DPU_SAR

While filling in the form, under part B, I checked (National Insurance/Tax/VAT/Customs Records (Please supply details in Part C)/Other (Please supply details in Part C)and under Part C, I stated that I need the following information:

1.) Employment history from Year x to Year y
2.) List all employer name with start and finish dates

I specifically mentioned that I need this specific information to fill in Home Office naturalisation form.

HMRC provided me a letter where information was listed in a table form showing Tax Year, Employer Name, Earnings, Tax, NI and Date of Leaving. They didn't provide me the start date, but may provide you if they have find on your record.

They listed income as per Tax year, not the breakdown of individual pay slips/hours etc.

They also listed over the letter "we only issue employment, pay and tax details in a table form for five years extended to a maximum of 10 years for Home Office requests. If more years have been asked for by the Home Office we will require sight of the request".

Hope this helps. Goodluck with your application.

herrrr
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Re: Which Route to use - British spouse or ILR?

Post by herrrr » Wed Jan 06, 2021 10:03 pm

standrews wrote:
Sat Jan 02, 2021 1:54 am
herrrr wrote:
Wed Dec 23, 2020 1:04 am
Do you mind if I ask what to put claims details please? If I tick Other and specify for naturalisation I worry that HMRC will ignore it..
I used the form below for the employment history:

https://www.tax.service.gov.uk/shortforms/form/DPU_SAR

While filling in the form, under part B, I checked (National Insurance/Tax/VAT/Customs Records (Please supply details in Part C)/Other (Please supply details in Part C)and under Part C, I stated that I need the following information:

1.) Employment history from Year x to Year y
2.) List all employer name with start and finish dates

I specifically mentioned that I need this specific information to fill in Home Office naturalisation form.

HMRC provided me a letter where information was listed in a table form showing Tax Year, Employer Name, Earnings, Tax, NI and Date of Leaving. They didn't provide me the start date, but may provide you if they have find on your record.

They listed income as per Tax year, not the breakdown of individual pay slips/hours etc.

They also listed over the letter "we only issue employment, pay and tax details in a table form for five years extended to a maximum of 10 years for Home Office requests. If more years have been asked for by the Home Office we will require sight of the request".

Hope this helps. Goodluck with your application.
Thanks a lot for taking your time to share your experience. Do you remember how long it takes for HMRC to get back to you by any chance? Many thanks.

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