What Is The Earliest Date Wife Can Apply For Naturalisation

[bishubb]

Here is a bit of the background history.

My wife arrived in UK on 21 Sep 2007 under student visa. We got married in UK on 21 Nov 2009. After marriage we went to our country and changed her status to Tier 1 dependent valid from 03 March 2010 to 10 November 2011 as my Tier 1 Visa was valid until 10 November 2011.

After I got my ILR on 16 June 2011, we changed her status to ILR dependent valid from 30 June 2011 to 30 June 2013.
She got her ILR on 17 Feb 2012. I have my appointment for Naturalisation for British Citizenship on 11 Dec 2012.

In the above case when is the earliest date my wife can apply for Naturalisation for British Citizenship?

Firstly, does she have to wait for 1 year from the date of ILR (17 Feb 2012)? If this is the case, as she was not physically present in UK between 06 Feb 2010 to 14 Mar 2010 then I believe she can only apply after 15 Mar 2013. Or can she apply 28 days before 1 year of ILR i.e. apply around 21 Jan 2013.

Secondly, can she apply after/around 11 Dec 2012? Can spouse of Naturalised British Citizen (my appointment for Naturalisation is 11 Dec 2012) apply for Naturalisation after 3 years of marriage (21 Nov 2012)? She was physically present in UK both 3 years/5 years before she makes the application after/around 11 Dec 2012.

I would appreciate if you kindly suggest what is the earliest date she can apply for Naturalisation?
Thank you.

[vinny]

Secondly, can she apply after/around 11 Dec 2012? Can spouse of Naturalised British Citizen (my appointment for Naturalisation is 11 Dec 2012) apply for Naturalisation after 3 years of marriage (21 Nov 2012)? She was physically present in UK both 3 years/5 years before she makes the application after/around 11 Dec 2012.

[Jambo]

When you say "appointment for naturalisation" - do you mean the citizenship ceremony or appointment with NCS to apply for naturalisation. She can apply as spouse of BC only after you become a Brtish citizen which will happen in the ceremony.

[bishubb]

Thank you for the reply. 'Appointment for naturalisation' I mean to say the apointment to become British Citizen/Oath ceremony.
This means that she does not have to wait 1 year from ILR date but can apply for Naturalisation on or after 11 Dec 2012 (when I become british citizen) as we will be married for more that 3 years on 21 Nov 2012.

[Jambo]

It is not the duration of your marriage but her residence time in the UK. You could have gotten married on the same day as your ceremony and she could still apply if she has been resident in the UK for three years (and meeting the requirements).

[bishubb]

Thank you for your advise. So in this case she is eligible to apply for Naturalisation from 11/12/2012 onwards as she has been in the UK for more than 3 years. And that she does not need to wait for 1 year from her ILR date of 17 Feb 2012.

[Jambo]

Is this a statement or a question?

Your statement is correct.

[bishubb]

Sort of statement/question, both. Thank you for confirming.

[bishubb]

I have a further query regarding the change of my wife,s surname. Currently my wife's all the documents - passport, ILR stamp, educational certificates are under her maiden name. I would like to change her surname to my surname(married surname). Could you please confirm whether the following entry into the Naturalisation form AN would be sufficient.

1. In the form in section 1.5 under 'surname/family name' - write married name i.e. my surname say XYZ
2. In section 1.6 under 'other names'- write her First name -say ABC
3. In section 1.7 under' name at birth if different from above'- write her Maiden name - say DEF
4. In page 13 'Further information not covered in other sections' - I explain that she wants to use the Married name instead of her maiden name as her surname.
5. I will include UK marriage certificate as proof.

Are the above sufficient for the name change? With the above I guess her naturalisation certificate will show the following name 'ABC XYZ'. Am I correct?

Next step
After getting Naturalisation Certificate, we apply for her British Passport and then inform various institutions and organisation regarding her name change. Am I correct? Please advice.

In the above case her educational certificates will have her maiden name whereas her passport and other documents have married name. Is this a problem?

Thank you for your help.

[Jambo]

All seems fine and will work. However it's she that needs to want to change her name. It's she who would fill in the form and explain on page 13. Not you.

[John]

So in this case she is eligible to apply for Naturalisation from 11/12/2012 onwards as she has been in the UK for more than 3 years.

The important thing is that she was physically in the UK exactly three years before she applies for Naturalisation.

Let us assume, for example, she wants to apply on 21.12.12, but in fact she was out of the UK on holiday from say 15.12.09 to 02.01.10. That absence means she could not apply on 21.12.12, as she was not physically in the UK exactly three years earlier.

Important .... check her dates carefully!

[mlove]

The important thing is that she was physically in the UK exactly three years before she applies for Naturalisation.

Actually, the important date is 3 years before applying plus one day.

For example, if an application is made on January 1st 2013, the person must have been present in the UK on the day at the beginning of the 3 ( or 5 ) year qualifying period - January 2, 2010.

[Jambo]

The important thing is that she was physically in the UK exactly three years before she applies for Naturalisation.

Actually, the important date is 3 years before applying plus one day.

For example, if an application is made on January 1st 2013, the person must have been present in the UK on the day at the beginning of the 3 ( or 5 ) year qualifying period - January 2, 2010.

To be more precise, the application date is the date the application is received so if received by the HO on 01/01/2013, the beginning of the 3 years qualifying period is 02/01/2010.