Pathway to British Citizenship

[Pollypanda]

Hello everyone,

My husband and I are looking to obtain British citizenship. I have been reading the threads and I think I have come up with a pathway for both of us. Thanks to everyone for their comments on this forum, it's been very useful reading. Any feedback on the below would be much appreciated.

My husband and I are both Australian and are living in the UK. I first entered UK on a Youth Mobility visa in April 2009, and then applied for Leave to Remain as a dependent on my husbands' ancestry visa in March 2011. This visa was renewed in October 2013 and extended to 2018.

My husband entered the UK in April 2009 under an Ancestry visa which he has been renewing ever since.

I understand that my Youth Mobility visa does not count towards the Indefinite Leave to Remain 5 year qualification period, and on that basis I would be eligible for IRL on 9th March 2016, however, I also understand that I may be eligible to apply for ILR with my husband now under clause 196E of the Immigration Rules.

My husband is eligible for a British citizenship by descent under the UKM form as he was born before 1983 and his mother was born in the UK, as where his maternal grandparents.

So my thought is that we both apply for ILR, with me as a dependant under 196E, break the link between his visa and mine, he then applies for British citizenship by descent under the UKM form and once that's granted I apply for citizenship.

Thanks in advance.

[Pollypanda]

I should also mention that another option is for me to wait until I'm eligible for ILR next year and apply, then my husband can apply for citizenship, then I can as well.

His father's health is deteriorating and we may have make a trip back home for a while next year, which could impact our application if we're out of the country too long. Just trying to work out all my options.

[CR001]

You cannot apply for ILR on your own via the Ancestry dependent route if your partner (the main Ancestry applicant) does not apply for ILR.

Citizenship takes a few months with some people on the forum waiting for 12 months or more already just for their approval letter.

[Pollypanda]

You cannot apply for ILR on your own via the Ancestry dependent route if your partner (the main Ancestry applicant) does not apply for ILR.

Citizenship takes a few months with some people on the forum waiting for 12 months or more already just for their approval letter.

Thanks, that's confirmed what I was thinking, that we would both need to apply for ILR.

This may be a silly question, but does anyone know if we can both apply for citizenship at the same time? We both applied for ancestry visas at the same time and we're approved, so I was wondering if the same applied.

My husband would be applying under the UKM form and then I would apply under the AN form.

[CR001]

He is not required to have ILR to apply using form UKM which will bring you back to your dilemma, if he does not apply for ILR, you will not be able to either.

To clarify, is your husband going to apply for ILR regardless of the fact that he does not need to for UKM?

Once you have ILR and his citizeship is approved, then you can apply immediately for citizenship as the spouse of a British citizen.

You will not be able to apply at the same time on form AN UNLESS you have have held ILR for a full 12 months (6 years in the UK in total) as even though citizenship requires 5 years residence, you need ILR for 1 year of that, the only exception being is if you are married to a British Citizen.

[Pollypanda]

Thanks for your help CR001, it's much appreciated. Regarding ILR, I know that I definitely have to apply but whether my husband will apply depends on which option we take, which are:

1. We both apply for ILR now, which breaks then link between my visa and his, then he applies for citizenship under UKM, then I apply for citizenship once his approval comes through as the spouse of a BC using form AN. This is the more expensive option but may be faster, who knows.

2. I wait until March 2016 to apply for ILR on my own, as I will then be eligible under the 5 year residence rule, which breaks the link between my visa and his. He then applies for citizenship under UKM, then I apply for citizenship once his approval comes through as the spouse of a BC using form AN.

The part I am not quite sure about is whether we can submit both the UKM and AN forms at the same time, or whether his form would need to be approved first, the ceremony completed and then I would be able to apply.

[CR001]

1. We both apply for ILR now, which breaks then link between my visa and his, then he applies for citizenship under UKM, then I apply for citizenship once his approval comes through as the spouse of a BC using form AN. This is the more expensive option but may be faster, who knows.

This is the only way you can do it. Once he has his approval AND has attended his ceremony, then you can apply on form AN.

2. I wait until March 2016 to apply for ILR on my own, as I will then be eligible under the 5 year residence rule, which breaks the link between my visa and his. He then applies for citizenship under UKM, then I apply for citizenship once his approval comes through as the spouse of a BC using form AN.

You cannot apply for ILR if your husband doesn't apply for ILR, you are dependent on his visa status. If you choose this route, you will have to apply for a spouse visa and it will be another 5 years till you qualify for ILR. There is no way that a Ancestry dependent visa holder qualifies without the main Ancestry applicant applying for ILR under the 5 year residency rule.

The part I am not quite sure about is whether we can submit both the UKM and AN forms at the same time, or whether his form would need to be approved first, the ceremony completed and then I would be able to apply.

ONLY if YOU have held ILR for 12 months. They are different applications and are dealt with in different departments and ways. You will only be able to apply without waiting the full 12 months WHEN he is British, so yes to the second part of your question.

[CR001]

This is what you should do :

1. Both of you apply for ILR when you qualify (28 days before reaching 5 years in the UK)

2. Hubby submits UKM with all the supporting documents.

3. Hubby gets approval and attends ceremony and receives his certificate

4. You immediately (same day even after the ceremony) apply on form AN as the spouse of a British citizen (submitting his certificate with your application).

5. Wait for your approval and ceremony.

[Pollypanda]

You cannot apply for ILR if your husband doesn't apply for ILR, you are dependent on his visa status.

You're a star CR001, that's a key bit of info that I was missing. Thank you so much for kindly taking the time to reply.

This is what you should do :

1. Both of you apply for ILR when you qualify (28 days before reaching 5 years in the UK)

2. Hubby submits UKM with all the supporting documents.

3. Hubby gets approval and attends ceremony and receives his certificate

4. You immediately (same day even after the ceremony) apply on form AN as the spouse of a British citizen (submitting his certificate with your application).

5. Wait for your approval and ceremony.

Will do, thanks again!

[CR001]

You are welcome and I would suggest applying for ILR at the premium service centre for a same day decision. Worth the extra bit of money than waiting for months with out your documents and a decision.

Let us know if you need any further help with your future applications.

Char

[Pollypanda]

I first entered UK on a Youth Mobility visa in April 2009. My husband entered at the same time on an Ancestry visa. I then applied for Leave to Remain as a dependent on my husbands' ancestry visa in March 2011. We both renewed our visas in October 2013 and extended to 2018.

I do have another question if you or the other forum members can help.

I have reviewed section 196E of the immigration rules and believe I would be eligible to apply for ILR now as a dependent with my husband, as my husband meets the 5 year residence rule and I meet the 196E criteria. Can anyone see any issues with this?

Thanks again!

[CR001]

Yes, seems you can although you cannot use Tier 5 YMS as this visa does not lead to ILR. You can only use the Ancestry dependent visa time. The rules are mute on the 5 year residence for Ancestry dependents but I would imagine this assumes that they would only qualify when the main applicant qualifies after 5 years residence.