Immigrationboards.com

Hi,

Is it possible to apply british citizenship for PBS Dependant without applying ILR first if his/her spouse has already naturalised as British citizen meanwhile?

No.

Thanks for reply.

Even though the PBS dependant meets all other requirements of 3 years residential qualifying period etc.?

Not sure if there is any clause for dependant to have ILR as compulsion - below details from UKBA does not necessarily say to hold ILR at time of naturalisation?

Please confirm.
---------------------Rules below-------------------------
[b]If the applicant is married to a British Citizen on the date of application a three-year residence requirement is applicable. The applicant must show that he or she:
Was in the United Kingdom at the beginning of the three year period; and
On the date the application is received in the Home Office, his or her stay is not subject to any time limit under the immigration laws; and
In the three year period he or she was not outside the United Kingdom for more than 270 days; and
In the last twelve months of the three year period he or she was not outside the United Kingdom for more than 90 days; and
He or she was not at any time in the three-year period in the United Kingdom in breach of the immigration laws.[/b]

Start by reading the Standard requirements for naturalisation (click). You will note that:

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application. This often means having already gained settled status before you make your citizenship application. How and when you are eligible for settled status will depend on the immigration category you were in and successfully meeting its requirements for indefinite leave to enter or remain. For example spouses and civil partners of British citizens who must complete a 5 year probationary period under Appendix FM would generally have the opportunity to apply for naturalisation on this basis once they complete the 5 year period and obtain indefinite leave to remain provided they can also meet the other requirements of naturalisation at that time.

Thus you must be settled, in your spouse's case, have ILR.

The fact that she is married to a British citizen, just means that she may not have to wait 12 months after having been granted ILR.

Blimey.... so basically have to spend twice - one for ILR and one for BC....!!

just1 wrote:Blimey.... so basically have to spend twice - one for ILR and one for BC....!!

You don't need to apply for BC so you can save that cost.