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Applying a week earlier

Posted: Tue Dec 22, 2015 3:27 pm
by salloo
Hi Experts,
Need some advise here. As I've read from the common questions that once the dependent has received the ILR then s/he has to be in UK for 5 years to apply for Naturalization unless married to BC or under 18.
My case is, dependants (Wife and 2 kids) joined me in UK on 8th of April 2011. We've got all ILR sorted this year in January.

1. Me and kids can apply for Naturalization/Registration in next february (as I'm here in UK since Jan 2010 [5+ years] and kids are here since 8th of April 2011 [3+ years])
2. My wife can only apply after 8th April 2016 for naturalization as her 5 years will complete then

Is my understanding right or I'm missing something here
Can we apply like a week earlier only to avoid fee rise? (Have we seen any case like that and they have done it successfully etc.,)

Thanks

Re: Applying a week earlier

Posted: Tue Dec 22, 2015 3:41 pm
by CR001
Your assumption is correct.

No, you cannot apply a week early as date of application is the date you submit at NCS or the day received by HO and it has to be full 5 years.

Unless you have a positive outcome on your application in a short time before 6th April, your wife will have to wait to meet the full 5 year residence.

Re: Applying a week earlier

Posted: Tue Dec 22, 2015 3:44 pm
by salloo
Thanks CR001. Really appreciate the quick response

Re: Applying a week earlier

Posted: Tue Dec 22, 2015 3:44 pm
by noajthan
salloo wrote:Hi Experts,
Need some advise here. As I've read from the common questions that once the dependent has received the ILR then s/he has to be in UK for 5 years to apply for Naturalization unless married to BC or under 18.
My case is, dependants (Wife and 2 kids) joined me in UK on 8th of April 2011. We've got all ILR sorted this year in January.

1. Me and kids can apply for Naturalization/Registration in next february (as I'm here in UK since Jan 2010 [5+ years] and kids are here since 8th of April 2011 [3+ years])
2. My wife can only apply after 8th April 2016 for naturalization as her 5 years will complete then

Is my understanding right or I'm missing something here
Can we apply like a week earlier only to avoid fee rise? (Have we seen any case like that and they have done it successfully etc.,)

Thanks
Anyone with ILR needs to hold it for 12 months before applying for privilege of citizenship unless they are married to a BC.

Spouse of BC needs proof of 3 years residency as per HO guidance - see section 1 A.
https://www.gov.uk/government/uploads/s ... r_2015.pdf

Anyone else needs proof of 5 years residency.

See also the clarification in section 2, page 6.

So you have 2 options:
1) as soon as you are naturalised successfully, your spouse may apply (including proof of physical presence in UK 3 years earlier & etc etc).

Note Your application may ofcourse take 6 months or more to meander though the system.

Alternately
2) if wife applies in her own right then she can apply as soon as she has held ILR for 12 months and can prove she was physically present in UK 5 years earlier,

From your stated timelines that would appear to be sometime in April 2016.

Best of British luck.

Re: Applying a week earlier

Posted: Tue Dec 22, 2015 3:47 pm
by salloo
Thanks noajthan.
It looked like she has to apply separately after 8th of April. :-)