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Wife's visa status after becoming british citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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n8net
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Wife's visa status after becoming british citizen

Post by n8net » Thu Feb 16, 2017 5:58 pm

abhitom wrote:I have got British Citizenship and British Citizenship Certificate on 15th Feb 2017.I still have not got the British passport.
My wife is on ILR Dependent visa which expires in December 2018.
Do I need to apply for renewal of her visa ? If yes then how many days do I have for that and which application form do I need to fill for that.
just curious, when can she apply for British citzenship herself ?

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Re: Wife's visa status after becoming british citizen

Post by CR001 » Thu Feb 16, 2017 7:33 pm

n8net wrote:just curious, when can she apply for British citzenship herself ?
As soon as she is granted ILR and if meets all the requirements for BC.
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Re: Wife's visa status after becoming british citizen

Post by n8net » Fri Feb 17, 2017 11:38 am

thanks.. so to be eligble for ILR she would have needed to have lived in the UK for 5 years or 3 years (if visa was before July 2012) on depednant visa right ?

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Re: Wife's visa status after becoming british citizen

Post by CR001 » Fri Feb 17, 2017 11:40 am

Correct. Any spouse applying who is a spouse of BC will usually apply on the basis of 3 years residence.

There are not many pre July 2012 spouse visa holders left anymore.
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Re: Wife's visa status after becoming british citizen

Post by n8net » Fri Feb 17, 2017 12:30 pm

CR001 wrote:Correct. Any spouse applying who is a spouse of BC will usually apply on the basis of 3 years residence.

There are not many pre July 2012 spouse visa holders left anymore.
just to confirm .do you mean to say 5 years here ? so spouse of BC can apply once 5 yrs is met as most of them likely to have issued their visa after 2012 ?

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Re: Wife's visa status after becoming british citizen

Post by CR001 » Fri Feb 17, 2017 12:52 pm

n8net wrote:
CR001 wrote:Correct. Any spouse applying who is a spouse of BC will usually apply on the basis of 3 years residence.

There are not many pre July 2012 spouse visa holders left anymore.
just to confirm .do you mean to say 5 years here ? so spouse of BC can apply once 5 yrs is met as most of them likely to have issued their visa after 2012 ?
No, 3 years. A spouse of BC application is based on 3 years residence under section 6(2) of the nationality act. BUT a spouse visa holder post July 2012 requires 5 years to get ILR.

Don't confuse nationality LAWS with immigration RULES.
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Re: Wife's visa status after becoming british citizen

Post by n8net » Fri Feb 17, 2017 3:00 pm

sorry I am still confused....

if a spouse have to UK on a dependant visa (main applicant PBS) with a visa issued before 2012, how long is the residency req to qualify for ILR ? i thought it was 5 yrs...

you seemed to imply 3 ? is there a different visa category as spouse visa ?

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Re: Wife's visa status after becoming british citizen

Post by CR001 » Fri Feb 17, 2017 3:13 pm

A dependent visa (PBS or spouse of ILR/BC) issued BEFORE 9 July 2012 require 2 years residence before they can apply for ILR. Hold ILR for 1 year then can apply for BC. A PBS dependent though, CANNOT apply for ILR before or without the PBS main applicant applying at the same time.

As the rules changed for ALL dependents on 9th July 2012, they now ALL require 5 years residence to apply for ILR (PBS Dependents now have absence limits too).

Once ALL category of dependents get ILR, they can apply immediately for BC as spouse of BC, which is based on 3 years residence, section 6(2) of the BNA.
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