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British Citizenship Query

Posted: Tue Jan 17, 2012 3:06 pm
by pumbatimon
Hi All,

This is with reference to British citizenship rules. My husband is on ILR and will qualify for BC in February 2012. I have been on Tier 1 for 3 years and then jumped as a dependent on his visa after his ILR. My 2 year qualifying period will get over in March 2013. To complicate the situation I have been offered an intra company transfer (but will be seen as new job to USA or Switzerland).

USA could be my choice and the company is going to do a L1 visa for me. I have managed to extend my stay in UK until next year March when I qualify for ILR. The plan is to get my ILR and leave the country.

My Queries are:

1) From what I have read so far from various other posts there is a possibility to apply for Naturalization the next day after getting your ILR for spouses. Is that the case and have anyone gone through the experience?

2) For naturalization it says 3 years residence (legally i presume and not necessary as spouse?)

2) If the above is true can I apply for Naturalization and leave the country and say come back for rest of the process after a few months?

2) I am not sure if the L1 visa to USA will affect my application for either my ILR or naturalization process. I doubt if my company will give me a letter saying that it is an intra -company transfer; even though the visa is L1 the job is seen as new post/application.

Please give me your thoughts or similar experiences.

Any help is much appreciated

Warm regards
Aarati

Posted: Tue Jan 17, 2012 6:42 pm
by damidamz
1. you can apply for british citizenship after 1 year of ILR and you can't apply through your spouse, you have to have ILR for 1 year to be a british citizen

2. the qualification period is: you have to be living in the uk for the past 3 years on the day your making your application and havnt been outside the uk for more than 90 days within 1 year of the application

so if you were granted ILR, then you can leave the uk but you must not leave the uk for more than 2 years otherwise your ILR will be cancelled

Posted: Tue Jan 17, 2012 6:50 pm
by Jambo
damidamz wrote:1. you can apply for british citizenship after 1 year of ILR and you can't apply through your spouse, you have to have ILR for 1 year to be a british citizen
Not correct. If married to a BC, there is no need to hold ILR for 12 months.

Answering your questions:

1. Yes.
2. Yes.
3. Yes.
4. No affect if married to BC.

Posted: Sun Jan 22, 2012 10:26 pm
by pumbatimon
Jambo wrote:
damidamz wrote:1. you can apply for british citizenship after 1 year of ILR and you can't apply through your spouse, you have to have ILR for 1 year to be a british citizen
Not correct. If married to a BC, there is no need to hold ILR for 12 months.

Answering your questions:

1. Yes.
2. Yes.
3. Yes.
4. No affect if married to BC.
Thanks for answering my queries!

applying for british citizenship

Posted: Mon Jan 23, 2012 11:07 am
by textirona
hi there. my wife and i together with our kids got our ILR last year february. my wife was on work permit visa for 5 years before we got the ILR. now the situation is this month or next month, my wife will be applying for british citizenship, but i am not included in the application for the reason of the residence requirement which is 5 years. i have been here in UK since june 2008 so that is only 3 years 7 months. my question is do i have to wait until i reach 5 years of staying here before i can apply for citizenship? i hope you can give me options on what to do or there may be other ways. thanks in advance.

Re: applying for british citizenship

Posted: Mon Jan 23, 2012 11:29 am
by Jambo
textirona wrote:hi there. my wife and i together with our kids got our ILR last year february. my wife was on work permit visa for 5 years before we got the ILR. now the situation is this month or next month, my wife will be applying for british citizenship, but i am not included in the application for the reason of the residence requirement which is 5 years. i have been here in UK since june 2008 so that is only 3 years 7 months. my question is do i have to wait until i reach 5 years of staying here before i can apply for citizenship? i hope you can give me options on what to do or there may be other ways. thanks in advance.
Once your wife is granted BC, apply as a spouse.

Posted: Mon Jan 23, 2012 11:47 am
by textirona
so does that mean i can apply right away? if that's the case the residence requirement would only be 3 years right? so im over 3 years. so is that possible?

Posted: Mon Jan 23, 2012 12:09 pm
by Jambo
textirona wrote:so does that mean i can apply right away? if that's the case the residence requirement would only be 3 years right? so im over 3 years. so is that possible?
Yes.
Right away after your wife is granted BC.

Posted: Mon Jan 23, 2012 8:04 pm
by textirona
thank you very much!