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Spouse on ILR dependant VISA naturalization application without ILR
Posted: Mon Feb 19, 2024 12:42 am
by Sachin Raja
Hello everyone,
My wife came to the UK as my dependent on a visa tied to my Indefinite Leave to Remain status. I am currently in the process of applying for naturalization to become a British citizen. I was wondering if, once I receive my citizenship, my wife would be eligible to apply for naturalization as the spouse of a British citizen, given that she would have completed three years of residence in the UK by then. For context, my wife has been in the UK for three years, while I have been here for eight. Could you kindly advise me on this matter?
Thank you.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Mon Feb 19, 2024 1:22 am
by secret.simon
ILR is a requirement for naturalisation, even for spouses of British citizens.
Since ILR requires a minimum of five years on the spousal route, that means that your spouse can only apply for naturalisation after getting ILR after five years.
She would be able to apply for naturalisation immediately after ILR. And the physical presence and absence requirements will only apply for the period of three years before the date of naturalisation application, but there is no way around the ILR requirement.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Mon Feb 19, 2024 11:10 pm
by Sachin Raja
Many thanks for clarifying this. What will be situation for my daughter who came to UK 3yrs ago as well along with my wife.many thanks. Can she apply for UK citizenship skiping ILR?
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Tue Feb 20, 2024 6:08 am
by CR001
She needs ilr first as she was born abroad.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Tue Feb 20, 2024 10:09 pm
by Sachin Raja
Thank you for providing the information; I really appreciate it. Could you please clarify the status of my child? She arrived two and a half years ago and is currently on an ILR-dependent visa. Once I obtain British citizenship, will she be eligible to apply for citizenship as the child of a British citizen straight away without waiting for 5 years to get ILR? Thank you very much.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Tue Feb 20, 2024 10:17 pm
by contorted_svy
If born abroad, your child needs to get ILR before she can apply for registration as British.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Sun Feb 25, 2024 8:56 pm
by Sachin Raja
How long is required for a child to stay in the UK to obtain ILR? Is it also five years even if one parent has become a British citizen while they are in the UK with them? Thank you.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Sun Feb 25, 2024 8:59 pm
by CR001
The child gets ilr when the other parent who isnt settled does.
There is no minimum residence for children for ilr
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Sun Feb 25, 2024 9:55 pm
by contorted_svy
Child follows immigration path of less privileged parent to get ILR, so will obtain ILR when the non-British parent does - then both will be eligible for citizenship as you are British.
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Sat Mar 02, 2024 2:06 pm
by Sachin Raja
Thank you for your message. I am quite disappointed that even though I work for NHS and have Indefinite Leave to Remain, I still have to pay the IHS for my dependents' visa extension applications. I was wondering if there is any way to avoid paying the IHS fee for their applications. Thank you in advance for your help!
Re: Spouse on ILR dependant VISA naturalization application without ILR
Posted: Sat Mar 02, 2024 3:54 pm
by CR001
I was wondering if there is any way to avoid paying the IHS fee for their applications
There isn't. You have to pay it.