Citizenship and BP for ILR holder (former dependant)

[Elena Babintseva]

Hi there!

I really hope you can clarify this matter for me.I ve been HSMP (4 years based) dependant since February 2010.Myself and my partner were both granted ILR this month.As he is not a British citizen he would have to wait for 12 months to apply for citizenship and a passport.What about myself? How long should I wait to apply for BS and BP on my own? Would it be easier if I wait for my partner to get his BS and apply as a spouse of British citizen?

Thanks in advance,

[nnj10]

For both main applicant and dependent, once ILR is granted you can apply for British Citizenship (BC) after 12 months.
I do not think, if you apply once your husband has got his BC, would make your application any faster. May be consider both of you applying at the same time.

[Elena Babintseva]

Thanks a lot for the quick reply.Just to clarify that.I have spent 2 years on HSMP dependant visa,got ILR and eligible to apply for my BS and BP independently in 12 months.Do I get it right?

[nnj10]

One need to spend (All adults, except children born in UK) need to spend Min. 12 months on ILR before applying for BC by naturalisation.

[Elena Babintseva]

Thanks again

[Greenie]

One need to spend (All adults, except children born in UK) need to spend Min. 12 months on ILR before applying for BC by naturalisation.

nnj10 - your advice is incorrect.

The OP has not resided in the UK for 5 years, and therefore cannot apply for British Citizenship under the standard requirements, after one year of ILR. She would not therefore be able to apply at the same time as her husband if he applies next year.

It is also not correct that all adults need to spend 12 months on ILR before applying for BC. Spouses of British Citizens can apply as soon as they are free from immigration time restrictions (e.g. have ILR) if they have been lawfully resident for 3 years.

See FAQ

[Elena Babintseva]

Greenie, thanks a lot for clarifying that for me.I thought it wouldn`t be that simple.I ve got a question of what is considered to be the qualifying residential time.I was on a student visa in Jan 2007-Aug 2009.Came back to the UK as HSMP dependant in Feb 2010.Was granted ILR in Feb 2012.Are those years on student visa counting as residential?

[Elena Babintseva]

Can anyone help with this please?There are some Gurus`opinions that any legal stay qualifies as residential.Some people say that it has to be free of immigration control stay.If my student years are counting I ll be able to apply in 2012.Thanks

[geriatrix]

Legal stay in the UK under any immigration category may be used for "qualifying residential period for naturalisation.

[Jambo]

As long as she meet the requirements, even time as a tourist counts.

sushdmehta - nice to have you around again.

[Elena Babintseva]

Thank you Jumbo!Does it make any difference if I had to leave the UK to change my status from the student to HSMP dependant? I didnt extend the student visa,I changed the category.Do you still think that 2 years of previous legal stay on a student visa would count?

[Jambo]

It does not matter that you left the UK and switched a visa. Your student time counts (and the time between counts towards the 450 absence days allowed).