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Wife British, Husband and child Indian

Posted: Thu Nov 22, 2012 12:42 pm
by hsmppune
Hi Forum,

I have this really unusual case to discuss with you.

I am currently on Tier-1 visa, with my wife and child (born in the UK) as dependent. I am about to apply for my and wife's ILR in a months time.

Now due to my parents illness I am having to go back to India for 4-5 years, so I am planning to get citizenship for my wife, and me and daughter can travel back on our India passports.

My assumption is if my wife is a British citizen, it will be possible for me and child to get British citizenship later when we need it. Is this true?

Are there any residency requirements before we are eligible to apply for registration as a British citizen, both for me and child?

Any other way we can do this without going through so much hassle?

Inputs appreciated, thanks.

- K

Posted: Thu Nov 22, 2012 1:23 pm
by Jambo
There are residence requirements for adults. There aren't residence requirements for children born in the UK.

See more in Citizenship FAQs - Common Questions - Read before posting. Scroll for the info on children.

Why would it make a difference if your wife is British but you are not? You can also go for BC + OCI.

Posted: Thu Nov 22, 2012 1:25 pm
by hsmppune
Thanks Jambo, will go through the link. Appreciate your response as well.

I have heard that it is very tricky for foreign nationals to start a new business back in India, so we are planning to have one partner as British, and the other as Indian just for that added flexibility.

Posted: Thu Nov 22, 2012 1:53 pm
by geriatrix
Since when has your wife been living in the UK?

Posted: Thu Nov 22, 2012 1:57 pm
by hsmppune
Hi sushdmehta. She has been here with me since Feb 2008, and will fulfil the residency requirements when I do, in Feb 2014.

Posted: Thu Nov 22, 2012 2:04 pm
by hsmppune
Oh wait a sec so we landed in the UK on 16th Feb 2008, my visa however was valid from the 6th of Jan 2008, I have booked a PEO appointment and will probably get ILR on the 2nd of January 2013.

Now on 3rd January 2014 (and my wife), would I be eligible for naturalization, considering that we were physically present in the UK on the 3rd January 2009?

Posted: Thu Nov 22, 2012 4:08 pm
by geriatrix
Yes, if you both are granted settlement on 03-Jan-13.

(I) Just wanted to be sure that your wife would fulfil the 5 year requirement in Jan 2014, hence I asked the question.
She does.

Posted: Thu Nov 22, 2012 4:10 pm
by hsmppune
ok, thanks sushdmehta.

Regards