Question about turning Spouse permit into Citizenship

[LFCDarlo]

Hi all...

Firstly I am new to the board - thank you for what looks like a fantastic resource. I am hoping someone can help with a complicated personal circumstance - aren't they always complicated?!!!

Anyway, my wife is Russian (I am a British citizen) and we've been married since December 2016. She entered the UK in October that year on a fiance visa, which was subsequently changed post-marriage to what she has now - a spouse resident permit. That permit expires at the end of October this year.

As such, we're looking into "what's next" and it seems to me she qualifies for UK citizenship given that the rules on gov.uk state that after three full years in the UK you can apply for citizenship. So that is the route we're looking at. As far as I can see she "ticks all the boxes" to qualify for citizenship but two questions are hovering over us and creating some confusion - and I can't find a clear answer anywhere, so I am hoping you can help.

1) Her spouse permit expires at the end of Oct... and she'll have been in the UK three full years early Oct... so we need to make our application once that official three-year period has been hit. However, as the citizenship application can take up to six months to process what happens in the interim? Will she get a temporary approval to stay while they make a citizenship decision? Do we need to apply for something else?

2) My wife hasn't worked to date while in the UK as she has been taking various technology courses in the hopes of beginning a career in that field. As such, she hasn't paid income tax/National Insurance as there has been no income to pay against (I am the financial support). Will that be an issue? Should she make voluntary National Insurance contributions without employment to show she is of good character?

Thank you in advance for any help you can offer.

[CR001]

She doesn't qualify for citizenship yet.

She needs ILR fist and for that she needs 5 years residence on the spouse visa (excluding the fiance visa time).

She will need to apply for. 2.5 year spouse visa extension, visa fee is £1033 plus IHS of £1000.

She needs minimum English A2 and must meet the financial requirements again and 2 years evidence of cohabitation in both your names.

[LFCDarlo]

Thank you. You are absolutely right. I actually just got off the phone with an Immigration Adviser who told us the same thing... then I read your reply. Frustrating to have another 2.5 years to go... but at least we didn't waste money on a citizenship application that would not have been at the right time.

The information on the gov.uk website is quite confusing as it implies you can apply for citizenship after three years in the UK...

So glad to have avoided this error! Thank you again!

[CR001]

Important to remember that immigration rules are separate and independent of nationality laws, the latter with the 3 year residence for citizens but must include ilr which takes 5 years since the rule changes in July 2012 when it was 2 years for ilr and then 1 year on ILR before British citizenship application

[seagul]

2) My wife hasn't worked to date while in the UK as she has been taking various technology courses in the hopes of beginning a career in that field. As such, she hasn't paid income tax/National Insurance as there has been no income to pay against (I am the financial support). Will that be an issue? Should she make voluntary National Insurance contributions without employment to show she is of good character?

Thank you in advance for any help you can offer.

Not paying the national insurance contributions won't affect anything at present but will affect state pension eligibility because it should be paid for at least 10 qualifying years. She can pay voluntarily if wishes

https://www.gov.uk/new-state-pension

https://www.gov.uk/voluntary-national-i ... tributions