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Citizenship for Spouse without ILR?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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WakeWakeWake
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Posts: 24
Joined: Tue Mar 28, 2017 12:37 pm

Citizenship for Spouse without ILR?

Post by WakeWakeWake » Tue Aug 15, 2017 10:56 am

Hi All

Wasn't sure where to post this but I think this sub-forum qualifies. I've been on ILR for the last 10 months or so through a Tier 2 visa, and will be eligible to apply for naturalisation shortly. Was planning on doing JCAP to get it out of the way relatively painlessly.

1. Can I still travel abroad after my application has been lodged? I understand I get to keep my documents but that 'BRP enrollment is now required for naturalisation'. Does this mean the BRP is withheld? If so for how long?

Regarding my spouse's application, he's currently on a PBS dependant visa, and has been for the last 3 years. We have just processed a renewal for this PBS dependant visa.

2. Once I become British, I assume my spouse becomes the spouse of a British citizen, and he'll have been residing in the UK for more than 3 years on a PBS dependant visa. What is the fastest route to citizenship for him? Am I correct in understanding that under the 3 year residency requirement he does not need to apply for ILR but can apply for citizenship directly? If not, once he applies for ILR is he required to hold it for 12 months before applying for the citizenship, regardless of the fact that he's married to a British citizen and has been in the UK for more than 3 years?

Any input greatly appreciated.

Thanks,

W

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Citizenship for Spouse without ILR?

Post by Casa » Tue Aug 15, 2017 11:02 am

WakeWakeWake wrote:Hi All

Wasn't sure where to post this but I think this sub-forum qualifies. I've been on ILR for the last 10 months or so through a Tier 2 visa, and will be eligible to apply for naturalisation shortly. Was planning on doing JCAP to get it out of the way relatively painlessly.

1. Can I still travel abroad after my application has been lodged? I understand I get to keep my documents but that 'BRP enrollment is now required for naturalisation'. Does this mean the BRP is withheld? If so for how long? You are free to travel, but if you fail to provide your biometrics when requested, your BC application will be invalid. The HO don't 'put your application on hold' while you are away.

Regarding my spouse's application, he's currently on a PBS dependant visa, and has been for the last 3 years. We have just processed a renewal for this PBS dependant visa.

2. Once I become British, I assume my spouse becomes the spouse of a British citizen, and he'll have been residing in the UK for more than 3 years on a PBS dependant visa. What is the fastest route to citizenship for him? Am I correct in understanding that under the 3 year residency requirement he does not need to apply for ILR but can apply for citizenship directly? If not, once he applies for ILR is he required to hold it for 12 months before applying for the citizenship, regardless of the fact that he's married to a British citizen and has been in the UK for more than 3 years? ILR is mandatory, but your husband can apply for BC as soon as this is granted, assuming he meets all the standard requirements, including English language, LIUK, good character and is within the permitted absences.

Any input greatly appreciated.

Thanks,

W
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

WakeWakeWake
Newly Registered
Posts: 24
Joined: Tue Mar 28, 2017 12:37 pm

Re: Citizenship for Spouse without ILR?

Post by WakeWakeWake » Tue Aug 15, 2017 11:44 am

Casa wrote:
WakeWakeWake wrote:Hi All

Wasn't sure where to post this but I think this sub-forum qualifies. I've been on ILR for the last 10 months or so through a Tier 2 visa, and will be eligible to apply for naturalisation shortly. Was planning on doing JCAP to get it out of the way relatively painlessly.

1. Can I still travel abroad after my application has been lodged? I understand I get to keep my documents but that 'BRP enrollment is now required for naturalisation'. Does this mean the BRP is withheld? If so for how long? You are free to travel, but if you fail to provide your biometrics when requested, your BC application will be invalid. The HO don't 'put your application on hold' while you are away.

Regarding my spouse's application, he's currently on a PBS dependant visa, and has been for the last 3 years. We have just processed a renewal for this PBS dependant visa.

2. Once I become British, I assume my spouse becomes the spouse of a British citizen, and he'll have been residing in the UK for more than 3 years on a PBS dependant visa. What is the fastest route to citizenship for him? Am I correct in understanding that under the 3 year residency requirement he does not need to apply for ILR but can apply for citizenship directly? If not, once he applies for ILR is he required to hold it for 12 months before applying for the citizenship, regardless of the fact that he's married to a British citizen and has been in the UK for more than 3 years? ILR is mandatory, but your husband can apply for BC as soon as this is granted, assuming he meets all the standard requirements, including English language, LIUK, good character and is within the permitted absences.

Any input greatly appreciated.

Thanks,

W
Thanks for the prompt response!

1. Understood - I guess the follow up question here is how much notice do they give before requesting biometrics? i.e. would they send an e-mail saying 'come tomorrow or the day after' or do you have enough of a window to plan around accordingly? I have very short trips planned any way which i won't mind cancelling should the request come through, but would need to know with at least more than 72h notice...

2. So then under the 3 year residence on a PBS dependant (rather than the 5 year I undertook) he'll be able to apply for ILR (as he'll be spouse of a BC) or does he have to be in the country for 5 years? If not it would help a bit given the annual price hikes the UKVI is applying to the ILR to do it now rather than later.

Thanks again.

W

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Citizenship for Spouse without ILR?

Post by Casa » Tue Aug 15, 2017 12:21 pm

WakeWakeWake wrote:
Casa wrote:
WakeWakeWake wrote:Hi All

Wasn't sure where to post this but I think this sub-forum qualifies. I've been on ILR for the last 10 months or so through a Tier 2 visa, and will be eligible to apply for naturalisation shortly. Was planning on doing JCAP to get it out of the way relatively painlessly.

1. Can I still travel abroad after my application has been lodged? I understand I get to keep my documents but that 'BRP enrollment is now required for naturalisation'. Does this mean the BRP is withheld? If so for how long? You are free to travel, but if you fail to provide your biometrics when requested, your BC application will be invalid. The HO don't 'put your application on hold' while you are away.

Regarding my spouse's application, he's currently on a PBS dependant visa, and has been for the last 3 years. We have just processed a renewal for this PBS dependant visa.

2. Once I become British, I assume my spouse becomes the spouse of a British citizen, and he'll have been residing in the UK for more than 3 years on a PBS dependant visa. What is the fastest route to citizenship for him? Am I correct in understanding that under the 3 year residency requirement he does not need to apply for ILR but can apply for citizenship directly? If not, once he applies for ILR is he required to hold it for 12 months before applying for the citizenship, regardless of the fact that he's married to a British citizen and has been in the UK for more than 3 years? ILR is mandatory, but your husband can apply for BC as soon as this is granted, assuming he meets all the standard requirements, including English language, LIUK, good character and is within the permitted absences.

Any input greatly appreciated.

Thanks,

W
Thanks for the prompt response!

1. Understood - I guess the follow up question here is how much notice do they give before requesting biometrics? i.e. would they send an e-mail saying 'come tomorrow or the day after' or do you have enough of a window to plan around accordingly? I have very short trips planned any way which i won't mind cancelling should the request come through, but would need to know with at least more than 72h notice... Applicants are given 15 days from the date of written notification to provide biometrics,

2. So then under the 3 year residence on a PBS dependant (rather than the 5 year I undertook) he'll be able to apply for ILR (as he'll be spouse of a BC) or does he have to be in the country for 5 years? If not it would help a bit given the annual price hikes the UKVI is applying to the ILR to do it now rather than later. He needs to complete 5 years of residence before qualifying for ILR regardless of being marriage to a BC.

Thanks again.

W
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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