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Naturalisation after death of British citizen spouse

Posted: Tue Nov 30, 2010 7:06 pm
by sanjayrocks
Hi,

Im asking this question on behalf of my friend. She married a British citizen on 2008 May in China and came to UK on 2008 August. Unfortunately her husband passed away due to an illness. She applied for ILR and received it on May 2010.
Just want to find out when she can apply for Citizenship? She was in uk ever since she came and she only left country for 2 weeks to see her dad in china.

Thank You

Posted: Tue Nov 30, 2010 8:47 pm
by John
With much regret, I can't see any exception to the usual rules.

That is, because she is not currently married to a British Citizen she cannot make a Section 6(2) application after 3 years. I think all she can do make a Section 6(1) application, and that requires that she will need to be in the UK exactly 5 years before she makes the application.

As she did not arrive in the UK until August 2008, that means that she cannot apply until August 2013.

If I have overlooked anything and someone can post that, I shall be totally delighted. It seems so unfair.

Posted: Tue Nov 30, 2010 9:39 pm
by sanjayrocks
Hi That means if she married before to a British citizen before but presently widowed she still has to wait 5 years.

Thanks

Posted: Tue Nov 30, 2010 9:44 pm
by John
I have searched but cannot find any exception for a widow or widower of a British Citizen. The test is .... is the person married to (or in Civil Partnership with) a British Citizen? If the answer to that is no, then 5 years!

Posted: Tue Nov 30, 2010 9:52 pm
by sanjayrocks
Hi what she said was she married him in china and came to uk.

Posted: Tue Nov 30, 2010 10:09 pm
by John
But at the moment she is not married to a British Citizen ..... present tense.

Posted: Tue Nov 30, 2010 10:11 pm
by sanjayrocks
yes she is not married to a British citizen. That meas she has to wait 5 years till 2013 aug isnt it?

Posted: Tue Nov 30, 2010 10:13 pm
by John
Exactly!

Posted: Tue Nov 30, 2010 10:46 pm
by sanjayrocks
Hi,

Many thanks for the clarification. BTW I have posted some questions related to unmarried partner visa. I know i have received replied to them but i need a specific answer. Can you check my post and reply if you can.

Thank you