Naturalisation after 4 years?

[davew]

Hi All,

My girlfriend is South African and has been in the UK since June 2003, she is employed here. Her visa runs out in June at which point she seems to think she would qualify to apply for Naturalisation due to ancestry. I personally have not read anything about this as everything seems to say it's 5yrs or 3yrs if you are married to a UK Citizen.

She is getting panicky about the fact the government are tightening up on immigration and making it harder to get a passport and is worried that they may not renew her visa in June. I can't see why they wouldn't as she has a job here?

Thanks

David

[John]

She needs to appreciate that she will need to apply for an extension to her ancestry visa. The application can be made in the UK. This application is needed because the Government changed the rules, effective April 2006, so that Ancestry visa holders could not get ILR after 4 years ... now they need 5 years in the UK on Ancestry visa before applying for ILR.

So on her current path ... June 2007 apply for one-year extension to Ancestry visa .... June 2008 apply for ILR ... June 2009 (after ILR held for one year) apply for Naturalisation as British.

Marriage? David, you say nothing about yourself! Are you British? You have ILR? Or what is your UK immigration status?

If you are British or have ILR, she is entitled to marry you in the UK, after getting a CoA ... Certificate of Approval to Marry .... and following the marriage she would then being able to switch to a spouse visa. However, on her facts, it would be better to stay on the Ancestry track, especially if you are British, because the marriage to a British Citizen would enable her to apply for Naturalisation immediately after getting her ILR in say June 2008 ... one year earlier. Converting to the spouse visa track would actually delay the ILR in her circumstances.

[davew]

Thanks for the info John, I had a suspicion from reading this forum that something had changed regarding the Naturalisation process.

I am British, since birth, holding a full UK passport.

I'm not sure I fully understand this ILR status, more reading I think!

[John]

Dave, she needs to have ILR ... indefinite leave to remain ... before she can possibly apply for Naturalisation, and if not married to (or in Civil Partnership with) a British Citizen then ILR needs to be held for at least one year before applying.

Her fastest route to ILR is staying on the Ancestry path. That would get her ILR in say June 2008. Then if she is then married to you, she could apply for Naturalisation as soon as she has that ILR.

In other words the 3-year requirement (if married to you) is just one of the tests she needs to pass ... but the one impacting upon her more is the need to get her ILR.

[davew]

OK I see thanks again for the info.

I am asuming Naturalisation is the ticket to getting a UK Passport?

[JAJ]

I am asuming Naturalisation is the ticket to getting a UK Passport?

It's the main way for people to become British citizens. Once naturalised as a British citizen, it's possible to apply for a British citizen passport. Of course, it's not compulsory to apply for the passport.