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Please help!! Questions on Indefinite leave and Residency

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Neo187
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Posts: 8
Joined: Thu Feb 22, 2018 9:24 pm
United Kingdom

Please help!! Questions on Indefinite leave and Residency

Post by Neo187 » Thu Feb 22, 2018 9:41 pm

Hi all,

My wife is an EU national and has lived in the UK for 13 years. I’m a British National by birth and we've been married 4 years, with a daughter born here. We've been looking to make her a British citizen, and we've taken the 2 tests needed for residency (life in UK test and English speaking test). I started to look at all of the forms needed to make her a citizrn, and I am now in a panic regarding Indefinite Leave. We have never requested this for her, and its a question on the form (date you were given indefinite leave to remain.) Being an EU national, we never thought we had to do this in the past.
So am I correct in thinking, I need to apply first for indefinite leave first, have this for a year, before I can then apply for her to become a British citizen? If so, I am going to cry! With us leaving the EU also in a year, I’ve already read that having indefinite leave becomes invalid when we leave EU? Sohow can i get British citizenship for my wife!!

Thanks all for any advice!

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

Re: Please help!! Questions on Indefinite leave and Residency

Post by Casa » Thu Feb 22, 2018 9:56 pm

Your wife must have acquired PR before qualifying for British citizenship and have evidence of this by way of a DCPR
https://www.gov.uk/eea-registration-cer ... -residence

In order to acquire PR she is required to prove that she has exercised her Treaty rights in the UK during the 5 year qualifying period, through employment, self-employment, self-sufficiency or as a student. Self-sufficiency or studying requires CSI throughout the 5 year period.

If you wife is able to comply to the above, she would be able to apply for BC immediately after being issued with her DCPR. PR is acquired automatically after 5 years of exercising Treaty rights, but DCPR is now required when applying for British citizenship.
(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.

Neo187
Newly Registered
Posts: 8
Joined: Thu Feb 22, 2018 9:24 pm
United Kingdom

Re: Please help!! Questions on Indefinite leave and Residency

Post by Neo187 » Thu Feb 22, 2018 10:09 pm

Thank you!

Ive just found this also:

But you can apply immediately if:

you’ve already lived in the UK for 6 years when you get your document
your husband, wife or civil partner is a British citizen

So with me being a British citizen, we can apply immediately after getting the perminany residency doc. But its another hoop to jump through! Gosh, I thought we was almost there with gettin her citizenship!

Thanks for the advice

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

Re: Please help!! Questions on Indefinite leave and Residency

Post by Casa » Thu Feb 22, 2018 10:22 pm

Casa wrote:
Thu Feb 22, 2018 9:56 pm

If your wife is able to comply to the above, she would be able to apply for BC immediately after being issued with her DCPR.
As mentioned in my post.
(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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