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Can a wife pply for Citizenship when husband doesn't want to
Posted: Mon Jan 11, 2010 2:30 pm
by aditya9
I got my ILR in Oct 09 and would like to apply for British citizenship in Nov 2010 along with my son . My husband got his ILR in 2006 and has not applied for British Citizenship as would like to retain his citizenship.
I was on a spouse settlement visa and will be completing my 3 yrs this November.
Can I apply for British Citizenship on my own if my husband wants to retain his original citizenship and live with his ILR?
Re: Can a wife pply for Citizenship when husband doesn't wan
Posted: Mon Jan 11, 2010 4:49 pm
by anotherspouse
I would think so. Once you get the ILR you are not a visa holder's dependant anymore. Check your ILR Visa stamp, it should say if your status depends on your husband's. In my case (visa holder's dependant) I could apply together with my childrens without my husband.
aditya9 wrote:I got my ILR in Oct 09 and would like to apply for British citizenship in Nov 2010 along with my son . My husband got his ILR in 2006 and has not applied for British Citizenship as would like to retain his citizenship.
I was on a spouse settlement visa and will be completing my 3 yrs this November.
Can I apply for British Citizenship on my own if my husband wants to retain his original citizenship and live with his ILR?
Posted: Mon Jan 11, 2010 5:17 pm
by newperson
Hold on a second...
The original poster obtained ILR on the basis of being married to a person present and settled in the United Kingdom and spending a period of two years in that capacity.
HOWEVER, her husband is not a British citizen. He is only a permanent resident (i.e., he has ILR). Therefore the original poster is not allowed to apply for UK citizenship after a residential period of three years. She must wait until she has spent a total of FIVE years in the UK. The three year rule only applies to spouses of UK citizens.
Aditya9 may apply for citizenship on her own in Oct/Nov 2012. That is the soonest that she can apply given that her husband is not a British citizen and given also that she meets all the other requirements. If her husband does become British before November this year, then she can apply then.
But no...your husband does not have to become British if he doesn't want to. But if he doesn't want to, aditya9 has another two years and ten months to wait.