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Tier-2 ILR to British citizenship as a spouse

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

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chandanprakash2002
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Tier-2 ILR to British citizenship as a spouse

Post by chandanprakash2002 » Tue Feb 25, 2020 5:59 pm

hi,
have scanned most part of board but couldn't find any discussion related to my case.
This is about BRITISH CITIZENSHIP as a spouse, hence used this group.

I am an UK Citizen since 2012.
My wife took a separate route and got ILR in Feb 2014 through Tier-2 general INDEPENDENTLY.
We are living together since 2003 and have two loverly daughters, who are both UK citizen as well )

We went to India from October 2014 until March 2016 ( rough 1.5 years ). She was still employed in the UK but was on maternity leave hence we moved to India for 10.5 years.

1.For my wife to get British citizenship independently, she can apply from March 2021 ( after finishing 5 years to take into account 450 days out of UK rule ) which is clear from the government website so I am clear here.

My question is:
Now that she has an ILR earned through Tier-2 general, and also that we are in the UK since March 2016, can she switch and apply for a British citizenship as a spouse of a British citizen?
--if Yes then if "hypothetically" she decides to divorce me ( God forbid ) then will she lose not only her citizenship but also her ILR status which she earned independently?
--If No, then any plausible reason?

-- any drawback of switching to Spouse visa?? if yes then i will rather wait.

Many thanks

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CR001
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Re: Tier-2 ILR to British citizenship as a spouse

Post by CR001 » Tue Feb 25, 2020 6:10 pm

There is no "switch" as you call it and citizenship is also not a "spouse visa"!

The nationality law simply states if she is married to a British citizen, her application is based on 3 years residence and she must meet all the standard requirements.

She holds ilr, she is NOT dependent on you since the date ilr was granted.

Citizenship also has no "dependent" concept in the way you believe. If she is British she is British, regardless. If your marriage breaks down she doesn't lose anything!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

chandanprakash2002
Newly Registered
Posts: 8
Joined: Fri Jan 03, 2014 11:18 pm

Re: Tier-2 ILR to British citizenship as a spouse

Post by chandanprakash2002 » Tue Feb 25, 2020 6:20 pm

Many Thanks for such a quick reply.

one clarification though.
>>She holds ILR, she is NOT dependent on you since the date ilr was granted<<

whilst what you have written is true, i am not sure if I got your point. Are you suggesting that she is not eligible to apply as a spouse in my case?

Regards,
CP

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CR001
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Re: Tier-2 ILR to British citizenship as a spouse

Post by CR001 » Tue Feb 25, 2020 6:25 pm

No, that is not what I said. There is no dependent concept for citizenship. The law simply says she can apply based on 3 years residence if married to a British citizen. It doesn't make her dependent on you. She can apply on this basis even if you are separated before divorce. The requirment is only to be married to a British citizen. It doesn't imply she must be dependent on you at all.
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.

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