Husband naturalised, when naturalisation for wife

[Metox]

Hello Fellows!
I recently had my naturalisation (EEA citizen before) and I am a Brit now.
But what about my wife?

She can certainly apply for naturalisation after 5 years in the UK, as was the case before my naturalisation. That would be in 18 months. She will have ILR automatically after 5 years in the UK (requirement for her naturalisation)

Can she apply for naturalisation after 3 years in the UK as !now wife of British Citizen? She would already fullfil the 3 year requirement and could go for naturalisation immediately. Does she have ILR automatically after 3 years in the UK and being married to a Brit?

I could not find information about this case, does anybody have information or knows where to find it?

Regards
Metox

[asim72]

Your wife will gain PR only on the 5th anniversary of her arrival under eu regulations.

(There is no automatic PR after 3 years or any amount of years because she is now wife of a British citizen)

She can then immediately apply for naturalisation, because on the date of application she is married to a British citizen.

[aghalib]

Hello Everyone

Me and my wife got our ILR in MAY 2011. I came to UK in 2000 but my wife came to UK in April 2009. My Question is ...

1) Can I apply for my wife Naturalization with me or she will have to wait till 2014 ( to complete 5 Years residential requirement)

2) If I cant apply my wife Naturalisation now, is it possible to apply once i have got my British Passport ( by then technically she will be a wife of a British Citizen and Residential requirements will reduce to 3 years).


BTW I called the Nationality Checking Service (NCS) and they said you can not apply for your wife naturalisation with you, she will have to complete her 5 Years residential requirement

Please Advice.

Kind Regards
aghalib

[Jambo]

See Q2 in Citizenship FAQs - Common Questions - Read before posting.

[Metox]

I had a look in the FAQs now, and indeed in Q2 is stated:

"If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements."

I have asked an immigration solicitor to confirm this information and the answer was that it is correct, but all other conditions have to be met as well.
On the HO website (Requirements for naturalisation if you are married to or the civil partner of a British citizen) are the residential requirements and my wife mets all 5 criteria. Not a word of ILR on the website of HO.

Looks like there is contradictory information on this case, perhaps there are differences in the details, as so often.

Does anybody have more information about this case? What are the requirements? Is ILR a requirement and how and when does she get it?

Best regards
Metox

[Jambo]

ILR is required for naturalisation (and this is mentioned on the HO web page for spouses).

Q2 in the FAQ actually says "Q2: My spouse was granted ILR as a dependant. When can he/she apply?".

See similar question - Free from immigration control.