Tier 2>ILR and BC application after civil partnership

[gezik]

Hi all

I’m currently a holder of an ILR after being on Tier 2 General for 5 years. My partner has currently had his naturalisation ceremony and applied for the British passport. My question is can I apply for British citizenship as soon as he receives his passport on the basis of being a civil partner to a British citizen?
Our timeline is as follows;
- He got his EUSS November 2020
- We got into civil partnership October 2021 (I was on Tier 2 at this point and he was on EUSS)
- I got my ILR Feb 2022
- He applied for his citizenship and attended naturalisation ceremony May 2022
- My partner is currently waiting to receive his British passport which will be around July.
Normally I'm eligible to apply for British citizenship February 2023 (12 months after I got my ILR) but I'd like to know if I can apply as soon as he receives his British passport? Is it an issue that at the time we got into civil partnership he wasn't a British citizen?

Thanks a lot

[alterhase58]

You can apply once the passport is available.
What counts is that your partner is a British citizen on the day you apply, not when you registered the civil partnership.

[manci]

No need to wait for your partner's British passport, you can apply now provided you meet the requirements. Refer to the application form:

SECTION 6: Evidence of marriage for applications made on the basis of marriage or civil
partnership to a British citizen, both:

• your spouse’s or civil partner’s current passport or naturalisation/registration certificate showing that he/she is a British citizen -
• the marriage certificate or civil partnership certificate

As your partner already attended the ceremony he will have his naturalisation certificate.

[gezik]

Thank you for your responses

I just have a couple of questions

As I mentioned before I got my ILR from being employed (Skilled worker) however I stopped working at my employer in April 2022 and I'm currently unemployed. Would that be a problem for the application (even though I'm applying as a British citizen spouse)?

Also I came to the UK first in 2008 for uni and stayed until 2014. I then went abroad for a bit and came back to uk in 2016 to do my masters (Tier 4 visa) and then started working at a company in 2017 (Tier 2 visa).
Finally I got into civil partnership in November 2021 and then got my ILR in Feb 2022 (Tier2>ILR)
Do I have to mention all of this history in the section where they ask you when you arrived in UK?

thanks

[alterhase58]

Thank you for your responses

I just have a couple of questions

As I mentioned before I got my ILR from being employed (Skilled worker) however I stopped working at my employer in April 2022 and I'm currently unemployed. Would that be a problem for the application (even though I'm applying as a British citizen spouse)?
Employment is not a requirement for naturalisation - unemployed, retired, students, homemakers, etc can apply as long as they satisfy the requirements.
Also I came to the UK first in 2008 for uni and stayed until 2014. I then went abroad for a bit and came back to uk in 2016 to do my masters (Tier 4 visa) and then started working at a company in 2017 (Tier 2 visa).
Finally I got into civil partnership in November 2021 and then got my ILR in Feb 2022 (Tier2>ILR)
Do I have to mention all of this history in the section where they ask you when you arrived in UK?
It's about when you arrived with the intention to stay long term - it seems it's 2016. You will be asked about all your immigration applications you did make, up to ILR. But you don't need to justify your pathway.
thanks

[gezik]

thanks a lot, should I still mention all of the visa applications I made since 2008? or is it ok if I mention since 2016?
Also I've had part time jobs and different full time jobs since 2008 - should I provide the employer details for all of them or since 2016?

Thanks a lot in advance

[AmazonianX]

thanks a lot, should I still mention all of the visa applications I made since 2008? or is it ok if I mention since 2016?
Also I've had part time jobs and different full time jobs since 2008 - should I provide the employer details for all of them or since 2016?

Thanks a lot in advance

Provide complete and accurate details to the extent possible where asked.

[gezik]

Thank you and 2 more questions please
In the application form it asks if im a family member of an EEA national or a British national. Technically I’m a family member of both as my civil partner is an EU citizen as well but I want to apply as a British spouse so I should only pick the British national family member option right?

Also he had his naturalisation ceremony in May 2022 but he still hasn’t received his British passport yet is it ok if I only upload his naturalisation certificate ? - we only have the scanned copy at themoment

Also I was abroad 3rd of July - 13 th of July 2019 and I’m returning to UK today which is 2nd of July is it ok if I submit my application today ? Is there a rule that I shouldn’t submit my application on the day I travel back or something ? I don’t want to leave it for later as then I will have to wait until 13th of July 2022 to submit my application

[kamoe]

You can apply once the passport is available.

Where do you get this from?

I've been trying repeatedly to make people understand that being a British citizen and having a British passport is not the same thing. (Anyone holding a passport from any country should have this crystal clear in their minds, but for some reason it's still a source of much confusion here. Still puzzles me).

So no, no need for passport. The requirement is to be the spouse of a British citizen, so the OP could apply the second their partner walked out of the British citizenship ceremony. Passport or not.

[alterhase58]

You can apply once the passport is available.

Where do you get this from?

I've been trying repeatedly to make people understand that being a British citizen and having a British passport is not the same thing. (Anyone holding a passport from any country should have this crystal clear in their minds, but for some reason it's still a source of much confusion here. Still puzzles me).

So no, no need for passport. The requirement is to be the spouse of a British citizen, so the OP could apply the second their partner walked out of the British citizenship ceremony. Passport or not.

Thanks for the reminder even though I spend enough time explaining the same .... for the benefit of readers here, a British passport is a travel document, and not conclusive proof that holder is a British citizen. HMPO sometimes make mistakes and if they find a person is not British they will cancel the passport. The only document conferring citizenship onto a non-native is a naturalisation or registration certificate so we should take good care of it (and keep copies).

[kamoe]

HMPO sometimes make mistakes and if they find a person is not British they will cancel the passport.

I didn't know this. Thanks for sharing.

[gezik]

Thank you to everyone that responded to my questions but I still have a few questions that I'd really appreciate if you could help with

In the application form it asks if im a family member of an EEA national or a British national. Technically I’m a family member of both as my civil partner is an EU citizen as well but I want to apply as a British spouse so I should only pick the British national family member option right?

There's a question on "Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?" As I graduated from a uni in UK in 2013 I've only used my degree certificate as proof for my Tier 2 and ILR applications so do I answer this with yes or no?

"Tell us the previous visa, entry clearance or leave to remain you had" As mentioned I've had Tier 4, Tier 2 and ILR so which visa do I have to mention here please?

[gezik]

I also have a question on

Knowledge of the English language
Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013?
(Required)
Applicants who applied for, and obtained, settlement on or after the 28th October 2013 using an English language qualification at level B1 or above can use this as evidence of their knowledge of English language. However if this qualification was not used and accepted for their settlement application, it cannot be used for this application.

Again I don't know if it's yes or no as I always provided my UK degree certificate. Please could someone help

[Ticktack]

I also have a question on

Knowledge of the English language
Did you meet the knowledge of English requirement as part of an indefinite leave application made on or after 28 October 2013?
(Required)
Applicants who applied for, and obtained, settlement on or after the 28th October 2013 using an English language qualification at level B1 or above can use this as evidence of their knowledge of English language. However if this qualification was not used and accepted for their settlement application, it cannot be used for this application.

Again I don't know if it's yes or no as I always provided my UK degree certificate. Please could someone help

Answer is "Yes" as you have a UK degree. Even if you made a mistake and said NO, it would have no effect on your application provided you still present your certs.

[gezik]

Thank you
And for the trips outside the uk in the past 3 years should I list all my 2019 trips from Jan - July 2019 or should I just start from July 2019?

Thanks a lot

[Ticktack]

Thank you
And for the trips outside the uk in the past 3 years should I list all my 2019 trips from Jan - July 2019 or should I just start from July 2019?

Thanks a lot

As the spouse of a British Citizen, yes 3 years from the day you apply.

So if you're applying today 15.07.2022, it has to be from 15.07.2019. Most importantly, you have to be in the country on this date 3 years ago. I can't overemphasize that enough.

You could have applied as soon as your husband got his naturalisation cert. You didn't need to wait for a passport.

The certificate is what makes him British, not the passport.

[gezik]

I was abroad between 3rd of July to 14th of July 2019 (came back on 14th of July 2019) so applying today is fine right? I didn't have any other holiday until end of August 2019

[Ticktack]

I was abroad between 3rd of July to 14th of July 2019 (came back on 14th of July 2019) so applying today is fine right? I didn't have any other holiday until end of August 2019

Today is perfect. Goodluck!!

[gezik]

Thank you and also once again one more question
I passed my Life in the UK test in December 2021 and I used the reference number to apply for ILR in Jan 2022
I've used the same Life in the UK test number now for naturalisation application. That's fine right? (I know I'm overthinking this )

[Ticktack]

Thank you and also once again one more question
I passed my Life in the UK test in December 2021 and I used the reference number to apply for ILR in Jan 2022
I've used the same Life in the UK test number now for naturalisation application. That's fine right? (I know I'm overthinking this )

Life in the UK doesn't expire! It's a one-off exam.

[AmazonianX]

Thank you and also once again one more question
I passed my Life in the UK test in December 2021 and I used the reference number to apply for ILR in Jan 2022
I've used the same Life in the UK test number now for naturalisation application. That's fine right? (I know I'm overthinking this )

LIUK is for a lifetime, no expiry.

[gezik]

It looks likely that I’ll have to use the UKVI app to submit my photo as I just submitted the application and they sent me I have to wait for the confirmation to use the app… I gave my biometrics back in Jan 2022 so I’m assuming I can do all the steps now online. do I have to be physically in the UK to download and submit my information to the UKVI app as I’ll be on holiday after end of July. How will they proceed my information without seeing my actual passport like they do when you physically go in to give your biometrics?

I’m also submitting our civil partnership certification which I got a copy of on the 3rd of February is that still recent enough or should I get a more recent copy

[gezik]

Hi all

I have a question... does my partner need to sign the consent form as I have had to upload his naturalisation certificate in my application?

Thanks

[alterhase58]

Hi all

I have a question... does my partner need to sign the consent form as I have had to upload his naturalisation certificate in my application?

Thanks

No, just yourself.