BC for Wife with expired exempt visa

[mitchr1980]

I recently acquired my british citizenship and would now like to apply for my wife. My wife has been in the U.K almost 4 years now so I am thinking to apply for her as the wife of a british citizen, where she is required to have been in the U.K for 3 years and to be exempt from immigration control at least for one year prior to applying. My question is on the latter. She holds a spousal exempt visa, which she got through my employment in the U.K. It expires in 2019 but now fails to be active given my acquisition of british citizenship. The visa has a 3 month extension, allowing my wife to stay in the U.K to change status by switching to another visa or leaving. My research reveals that the 3 month period is only administrative and therefore the visa is not valid. Nonetheless I've also read that the Home Office can provide leniency. Can I apply for my wife's citizenship via the spouse of a BC route?

[CR001]

She holds a spousal exempt visa, which she got through my employment in the U.K.

What exactly do you mean by this?

What does her visa say exactly and what category visa did she apply for?

What is your immigration history?

What do you mean by 'it has a 3 month extension'??

[secret.simon]

She holds a spousal exempt visa, which she got through my employment in the U.K.

What exactly do you mean by this?

Most likely that the OP works for either a foreign government or an international organisation.

TO the OP, not sure if the exempt status of your spouse would survive your acquisition of British citizenship. Do you work for an international organisation? If so, do you still work for that organisation following your acquisition of British citizenship.

[Richard W]

Following on from Secret.Simon's analysis, the OP's wife appears to come under Section 8A(2) of the Immigration Act 1971.

f a person who is exempt—

(a)ceases to be exempt, and

(b)requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

As the sole basis of her presence in the UK is now time-limited leave to remain, she is no longer eligible to apply for naturalisation. One of the requirements is:

that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

Furthermore, if one interprets the law as saying that one must be settled to apply for naturalisation, then she falls foul of

(3) Subject to subsection (4), a person is not to be regarded for the purposes of this Act—

(a) as having been settled in the United Kingdom at any time when he was entitled to an exemption under section 8(3) or (4)(b) or (c) of the Immigration Act 1971 or, unless the order under section 8(2) of that Act conferring the exemption in question provides otherwise, to an exemption under the said section 8(2), or to any corresponding exemption under the former immigration laws; or

She was therefore not settled at any time during the period she was exempt. Now this is mainly targeted at children acquiring citizenship by birth, but I doubt the SSHD would see fit to accept the application.