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ILR and Naturalisation

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

ILR and Naturalisation

Post by naav » Mon Mar 03, 2008 6:58 pm

Hi everyone

Wondered if anyone could advise on the following.

My wife came on a spouse visa in the autumn of 2005. We had to renew her visa in 2007 as she couldn't apply for ILR due to her low level of english. She successfully got another two years further leave to remain.

She has passed all the tests, which according to the college, would enable her to get a certificate from the exam board and a letter from the college. This, the college says, has been sufficient for naturalisation purposes in the past.

As I understand, one can apply for naturalisation if one has been here for three years as a spouse. In addition, I've been made aware that she can't 'skip' ILR but I was reading through the naturalisation section on the Home Office website and it doesn't mention that one has to have ILR to apply for naturalisation?

1. Does she have to get ILR first?

2. When can she apply for naturalisation?

Many grateful thanks :P
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vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Mar 03, 2008 7:35 pm

1.ILR is required.
Requirements for naturalisation if you are married to or the civil partner of a British citizen wrote:Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.
2. See also Requirements for naturalisation if you are married to or the civil partner of a British citizen.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Tue Mar 04, 2008 12:10 am

Hi, many thanks :)

1. Can she apply for naturalisation in autumn 2008 (she came in autumn 2005)?

2. I was looking at the ILR application form and it seemed to suggest that for transition sake (and I don't know if that is over now) even if one hadn't had the relevant qualification regarding 'Life in the UK' or ESOL-Citizenship, then one could've still applied for ILR and got it. Is that correct? I had enquired quite thoroughly and was certain that as my wife didn't have enough english she had to apply for FLR rather than ILR.

Thanks :)
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