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Naturalisation after death of British citizen spouse

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

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sanjayrocks
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Naturalisation after death of British citizen spouse

Post by sanjayrocks » Tue Nov 30, 2010 7:06 pm

Hi,

Im asking this question on behalf of my friend. She married a British citizen on 2008 May in China and came to UK on 2008 August. Unfortunately her husband passed away due to an illness. She applied for ILR and received it on May 2010.
Just want to find out when she can apply for Citizenship? She was in uk ever since she came and she only left country for 2 weeks to see her dad in china.

Thank You

John
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Post by John » Tue Nov 30, 2010 8:47 pm

With much regret, I can't see any exception to the usual rules.

That is, because she is not currently married to a British Citizen she cannot make a Section 6(2) application after 3 years. I think all she can do make a Section 6(1) application, and that requires that she will need to be in the UK exactly 5 years before she makes the application.

As she did not arrive in the UK until August 2008, that means that she cannot apply until August 2013.

If I have overlooked anything and someone can post that, I shall be totally delighted. It seems so unfair.
John

sanjayrocks
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Post by sanjayrocks » Tue Nov 30, 2010 9:39 pm

Hi That means if she married before to a British citizen before but presently widowed she still has to wait 5 years.

Thanks

John
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Post by John » Tue Nov 30, 2010 9:44 pm

I have searched but cannot find any exception for a widow or widower of a British Citizen. The test is .... is the person married to (or in Civil Partnership with) a British Citizen? If the answer to that is no, then 5 years!
John

sanjayrocks
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Post by sanjayrocks » Tue Nov 30, 2010 9:52 pm

Hi what she said was she married him in china and came to uk.

John
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Post by John » Tue Nov 30, 2010 10:09 pm

But at the moment she is not married to a British Citizen ..... present tense.
John

sanjayrocks
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Post by sanjayrocks » Tue Nov 30, 2010 10:11 pm

yes she is not married to a British citizen. That meas she has to wait 5 years till 2013 aug isnt it?

John
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Location: Birmingham, England
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Post by John » Tue Nov 30, 2010 10:13 pm

Exactly!
John

sanjayrocks
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Post by sanjayrocks » Tue Nov 30, 2010 10:46 pm

Hi,

Many thanks for the clarification. BTW I have posted some questions related to unmarried partner visa. I know i have received replied to them but i need a specific answer. Can you check my post and reply if you can.

Thank you

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