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Naturalization after husband dies

Posted: Tue Aug 03, 2021 7:50 am
by DalalOsman
I arrived on 1st January 2018 on a spouse visa. As of today I’ve lived in the UK for 3 years and 8 months. My husband died in August 2020 and I got my ILR on 6th November 2020. Can I apply for naturalization now or I need to complete the 12 months period.

Regards.

Re: Naturalization after husband dies

Posted: Tue Aug 03, 2021 9:22 am
by wootme
I think you need to have 5 years living in the UK if you're not currently married to a British Citizen. I'm sorry for your loss but being a widow(er) doesn't let you apply under the 3 years residence requirement as far as I know.

If the above is correct then you will have over 12 months with ILR when you get to 5 years (2023) so that part won't be an issue.

Re: Naturalization after husband dies

Posted: Tue Aug 03, 2021 10:29 am
by secret.simon
Condolences on your loss.

@wootme is correct.You need to complete both the 12 months after ILR period and the five year total residence in the UK period (and meet the physical presence requirement of having been in the UK at the start of the five year period). The physical presence requirement is a mandatory requirement that the Home Office has no discretion to disregard and must be met or the application must be refused.

The requirement for naturalisation under Section 6(2) is that the applicant *is* a spouse of a British citizen. If one is widowed, one is not the spouse of a British citizen (though they were earlier) and therefore one can't naturalise under Section 6(2).