Naturalisation eligibility through dependant of BC

[vijayhiitsme]

Hi All,

Kindly help me on the below query. Thanks in advance

I have got British citizenship through Tier1 5 year + 1 year ILR route. My wife holds Tier1 dependant visa and is running short of 5 months for meeting 5 year as dependant for ILR (i.e she has been as my dependant for 4.6 years)

I was informed by one of my friends that if I hold a british citizenship then my wife qualifies for naturalisation/ british passport without going through ILR and 5 year rule.

I read the guidance and there is no mention that spouse / partner should have ILR, below is the snapshot of the guidance. Kindly feedback

Option 1
Apply for Naturalisation under dependant of british citizen , 3 years qualification already complied.

Option 2
Should I go for Tier 1 dependant extension get the qualifying 5 year period in and then apply for dependant ILR, wait one year and go for Naturalisation . Obviously this is going to cost a bomb.

A. If you are married to or the civil partner of a British citizen (section 6(2) of the British Nationality Act 1981) The legal requirements you should meet before you apply are that you:
• Are aged 18 or over when you apply
• Are married to or the civil partner of a British citizen on the date of application
• Are of sound mind, so that you understand the step you are taking (but see section 7 for those who are not of sound mind)
• Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
• Have sufficient knowledge about life in the UK
• Are of good character
• Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements:
The residence requirements:
• You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 3 years before the application is received by the Home Office. For example if your application is received on 20/3/2017, you should have been physically present in the United Kingdom on 21/3/2014. Most applications that fail do so because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.
• You must not have had more than 270 days outside the United Kingdom in the three year period before making the application (but see the section on Absences).
• You must not have had more than 90 days outside the United Kingdom in the 12 month period before making the application, (but see the section on Absences).
• You must be free of immigration time restrictions on the date of application (see the section on Immigration Time Restrictions).
• You must not have been in breach of the immigration rules in the 3 year period before making the application (see the section on Breach of Immigration Law). Some discretion may be exercised over excess absences and immigration breaches if there are special circumstances. If you do not meet these residence requirements but believe that there are special circumstances in your case, you should explain them when you apply.

[noajthan]

You have been misinformed. And the guidance is not necessarily the law.

You must be free of immigration time restrictions on the date of application (see the section on Immigration Time Restrictions).

Clearly ILR is required
It now normally takes 5 years to get ILR.

The 3 years proof of residence as a spouse of a BC (a throwback to previous rules) is now subsumed into the 5 years it normally takes someone to become settled.

1) Without ILR
#fail

2) No, you have misunderstood.

Make a section 6(2) of BNA application with ILR plus proof of 3 years residence in UK.

Who said the privilege of citizenship was not expensive?
You can't expect a racehorse for the price of a donkey.

[vijayhiitsme]

You have been misinformed. And the guidance is not necessarily the law.

Thanks noajthan.. I was expecting that answer.

So logically apply for Tier 1 dependant extension, 5 months after once 5 year residence is met apply for ILR and go for naturalisation immediately after ILR.