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Spouse on ILR dependant VISA naturalization application without ILR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Sachin Raja
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Spouse on ILR dependant VISA naturalization application without ILR

Post by Sachin Raja » Mon Feb 19, 2024 12:42 am

Hello everyone,

My wife came to the UK as my dependent on a visa tied to my Indefinite Leave to Remain status. I am currently in the process of applying for naturalization to become a British citizen. I was wondering if, once I receive my citizenship, my wife would be eligible to apply for naturalization as the spouse of a British citizen, given that she would have completed three years of residence in the UK by then. For context, my wife has been in the UK for three years, while I have been here for eight. Could you kindly advise me on this matter?

Thank you.

secret.simon
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by secret.simon » Mon Feb 19, 2024 1:22 am

ILR is a requirement for naturalisation, even for spouses of British citizens.

Since ILR requires a minimum of five years on the spousal route, that means that your spouse can only apply for naturalisation after getting ILR after five years.

She would be able to apply for naturalisation immediately after ILR. And the physical presence and absence requirements will only apply for the period of three years before the date of naturalisation application, but there is no way around the ILR requirement.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Sachin Raja
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by Sachin Raja » Mon Feb 19, 2024 11:10 pm

Many thanks for clarifying this. What will be situation for my daughter who came to UK 3yrs ago as well along with my wife.many thanks. Can she apply for UK citizenship skiping ILR?

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CR001
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by CR001 » Tue Feb 20, 2024 6:08 am

She needs ilr first as she was born abroad.
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Sachin Raja
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by Sachin Raja » Tue Feb 20, 2024 10:09 pm

Thank you for providing the information; I really appreciate it. Could you please clarify the status of my child? She arrived two and a half years ago and is currently on an ILR-dependent visa. Once I obtain British citizenship, will she be eligible to apply for citizenship as the child of a British citizen straight away without waiting for 5 years to get ILR? Thank you very much.

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contorted_svy
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by contorted_svy » Tue Feb 20, 2024 10:17 pm

If born abroad, your child needs to get ILR before she can apply for registration as British.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Sachin Raja
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by Sachin Raja » Sun Feb 25, 2024 8:56 pm

How long is required for a child to stay in the UK to obtain ILR? Is it also five years even if one parent has become a British citizen while they are in the UK with them? Thank you.

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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by CR001 » Sun Feb 25, 2024 8:59 pm

The child gets ilr when the other parent who isnt settled does.

There is no minimum residence for children for ilr
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contorted_svy
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by contorted_svy » Sun Feb 25, 2024 9:55 pm

Child follows immigration path of less privileged parent to get ILR, so will obtain ILR when the non-British parent does - then both will be eligible for citizenship as you are British.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Sachin Raja
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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by Sachin Raja » Sat Mar 02, 2024 2:06 pm

Thank you for your message. I am quite disappointed that even though I work for NHS and have Indefinite Leave to Remain, I still have to pay the IHS for my dependents' visa extension applications. I was wondering if there is any way to avoid paying the IHS fee for their applications. Thank you in advance for your help!

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Re: Spouse on ILR dependant VISA naturalization application without ILR

Post by CR001 » Sat Mar 02, 2024 3:54 pm

I was wondering if there is any way to avoid paying the IHS fee for their applications
There isn't. You have to pay it.
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