Born in the UK before 1983, is the person a British citizen?

kasturi75 wrote:Hi John,
My friend has already been given just for one year residence permit in Sri Lanka and will be eligible to apply for dual citizenship soon as Sri Lanka is implementing it again. But he is planning to relocate UK with his wife now, issue is under current citizenship law she will have to complete English requirement (IELTS 4.0 points) & Life in UK test in order to obtain UK citizenship is that correct?? Or are there different rules apply to them as they got married over 10 years ago now? Can you help please? Thanks.

The wife would be applying first for a visa to be allowed to reside in the UK. Citizenship would come much later.

Until recently, a wife in her situation would be able to get indefinite leave to enter when coming to the UK with her British husband if they had lived together for four years outside the UK. However, the Immigration Rules have recently changed. She will have to get an initial 2.5 year visa, apply for another 2.5 year leave just before the first visa expires, and then apply for indefinite leave to remain just before the second visa expires. Thus, she will get indefinite leave after being in the UK with her husband for five years. As she will have five years' residence in the UK by then, she should be able to apply for citizenship immediately after she gets indefinite leave.

Your friend and his wife should read about the rules governing the wife's upcoming visa application at this URL: http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

kasturi75 wrote: Or are there different rules apply to them as they got married over 10 years ago now?

If they got married prior to 1983, then she may claim the Right of Abode.

JulesN19 wrote:

kasturi75 wrote:Hi John,
My friend has already been given just for one year residence permit in Sri Lanka and will be eligible to apply for dual citizenship soon as Sri Lanka is implementing it again. But he is planning to relocate UK with his wife now, issue is under current citizenship law she will have to complete English requirement (IELTS 4.0 points) & Life in UK test in order to obtain UK citizenship is that correct?? Or are there different rules apply to them as they got married over 10 years ago now? Can you help please? Thanks.

The wife would be applying first for a visa to be allowed to reside in the UK. Citizenship would come much later.

Until recently, a wife in her situation would be able to get indefinite leave to enter when coming to the UK with her British husband if they had lived together for four years outside the UK. However, the Immigration Rules have recently changed. She will have to get an initial 2.5 year visa, apply for another 2.5 year leave just before the first visa expires, and then apply for indefinite leave to remain just before the second visa expires. Thus, she will get indefinite leave after being in the UK with her husband for five years. As she will have five years' residence in the UK by then, she should be able to apply for citizenship immediately after she gets indefinite leave.

Your friend and his wife should read about the rules governing the wife's upcoming visa application at this URL: http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

Hi JulesN19
Thanks for your reply. According to the link that you have supplied, it is required followings to be fulfilled but It doesn’t say what are the requirements for someone who already have been living for years outside UK.
-Financial requirement as £18,600 for spouse already live in UK BUT what about who lives outside?
- English language requirement which is introduced recently is still applicable for a couple who got married over 10years ago & live in outside UK? In this case she is very poor at English language so will not be able to meet this requirement if it is applicable.
Many thanks

Hi All,
Appreciate if someone can advise me with above points... thanks a lot.

Vinny is quite right that your friend's wife may well have the right of abode in the UK if the marriage was formed before 1983. This would be ideal, as this would entitle the wife to apply for and receive a certificate of entitlement in her passport, which would be even better than indefinite leave.

If she is not entitled to a certificate of entitlement, then she needs a visa. Unfortunately, the current law for spouses is difficult.

There are a few exemptions from the English language requirement. The easiest to show, if it applies, is being over 65. If your friend wanted to rely on an exemption for "exceptional compassionate circumstances", then he should take legal advice, as this is not straightforward.

The financial requirement is still £18,600 gross annual income where the applicant is outside the UK.

JulesN19 wrote:Vinny is quite right that your friend's wife may well have the right of abode in the UK if the marriage was formed before 1983. This would be ideal, as this would entitle the wife to apply for and receive a certificate of entitlement in her passport, which would be even better than indefinite leave.

If she is not entitled to a certificate of entitlement, then she needs a visa. Unfortunately, the current law for spouses is difficult.

There are a few exemptions from the English language requirement. The easiest to show, if it applies, is being over 65. If your friend wanted to rely on an exemption for "exceptional compassionate circumstances", then he should take legal advice, as this is not straightforward.

The financial requirement is still £18,600 gross annual income where the applicant is outside the UK.

Good news...I yesterday heard that they married Dec 1981. I rang them after few months time to let them know that we got our BC.

Ok, now next step. how do they apply for 'certificate of entitlement' from outside UK & what are the supporting docs needed? Also when she can apply for BC after 'certificate of entitlement'? Is there a residency requirement for BC via this route?

Thanks in advance....