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BC for non-EU spouse

Posted: Sat Mar 22, 2014 6:14 pm
by Bundy
Hi all,

I have a simple query in the search of for the best option for my non-eu spouse to gain BC.

I am EU citizen, exercising the EU rights from Oct-08, this means that I will apply for BC Oct-14 (5+1 yr).

I got married to non-EU citizen on Jun-13. She has been in UK since Jul-06, 5 years on a student visa and 2 years on tier 1 post study visa which expired Aug-13. We applied for EEA2 residence card for her on Jul-13 and she received it on Nov-13 for 5 years. All in all my spouse is continuosly living in UK for almost 8 years now.

Can someone help me out to confirm that the best way for her to get BC is to go for 10yr ILR and once that received instantly apply for BC (no need to wait for 1yr as I will be BC citizen by then).

Are there are any more efficient way?

Thanks a lot for your help!

Best regards,

Re: BC for non-EU spouse

Posted: Sat Mar 22, 2014 7:22 pm
by CR001
go for 10yr ILR and once that received instantly apply for BC (no need to wait for 1yr as I will be BC citizen by then).
This would be the quickest route for your partner. There is no other way that is quicker or cheaper.

Re: BC for non-EU spouse

Posted: Sat Mar 22, 2014 7:59 pm
by Bundy
Thanks a lot for response!

Re: BC for non-EU spouse

Posted: Mon Mar 24, 2014 10:40 pm
by bugs123
Hi,

I would much appreciate your assistance with few questions I have. I've spoken to few solicitors and each one has given me a different answer...

I'm naturalised British citizen, I've been married since Jan 2013 and in Oct 2013 my wife joined me in UK on spouse visa, it took ages to get it after much delay she was issued with 2.5 year spouse visa.

I would appreciate if someone could clarify the following:

I have been reading the following pages:
https://www.gov.uk/becoming-a-british-c ... sh-citizen
https://www.gov.uk/government/uploads/s ... ide_an.pdf
https://www.gov.uk/government/uploads/s ... let_an.pdf

1. Does she need to have ILR before she can apply for BC?

It does not say anywhere that she need to have ILR before applying for BC. From what I understand she needs to be in the UK for 3 years and be free from immigration time restrictions. Naturalisation Booklet say the following and nothing else:

"If you are married to or the civil partner of a British citizen, you will need to be free from immigration time restrictions on the date you make your application" - what does this mean?

2. During the time she must be present in the UK, do I have to be here with her? I have been offered a job outside EU (Turkey) if I take the job I'll be permanently based in Istanbul.

Thank you for your time.

Re: BC for non-EU spouse

Posted: Tue Mar 25, 2014 12:37 am
by askmeplz82
free from immigration time restrictions during the last 12 months prior to submitting your application. In other words you should have indefinite leave to enter or remain during the last 12 months