Can my husband apply for citizenship?

[jenninscotland]

Hi there,

What a terrific forum!

I would be grateful for some of your thoughts.

I am wondering if my husband can apply for citizenship in the UK. It's not clear to me whether he can as the following is our case:

1) I am a UK citizen (originally US but naturalised in 2009)
2) He moved to the UK in 1999 but his time here did not count as he worked for the US government here (he is also originally from the US)
3) He started working for a regular employer and was sponsored in 2005 and then transitioned to a Tier 1 visa in 2009
4) We married last year and we put him on a settlement visa and are working under the assumption that he needs to wait 3 years before getting citizenship (2 (and then apply for ILR )+ 1 year under ILR)

I am however starting to think that his time from 2005 should count even if he did not have ILR and that perhaps he can just go ahead and apply for naturalisation even if he does not have ILR. On the HO website, it states the following:

[Immigration time restrictions
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.]

My question is this - since my husband is now married to a UK citizen, does it matter that he has a time restriction on him, or can he now apply for citizenship since he is married to a UK citizen (even though he does not yet have ILR)? Or, since he's been here for 5 years on first an employment sponsored visa and then a Tier 1 visa, can he just go ahead and apply for ILR and then immediately naturalise?

Many thanks in advance for your thoughts.

Jennifer

[geriatrix]

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

(c) 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

One is not free from immigration time restrictions until one is granted settlement.


1. He cannot use the time spent in UK as Tier 1 (General) migrant and the time spent in UK as spouse of British citizen to make up for the "2 years to ILR" requirement. (287(a)(d)).
2. Since he would have been in UK for more than 3 years (legal stay) on the day he is granted settlement, he may apply for naturalisation (as spouse of British citizen) as soon as he is granted settlement (other conditions being met, that is).

[jenninscotland]

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

(c) 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

One is not free from immigration time restrictions until one is granted settlement.


1. He cannot use the time spent in UK as Tier 1 (General) migrant and the time spent in UK as spouse of British citizen to make up for the "2 years to ILR" requirement. (287(a)(d)).
2. Since he would have been in UK for more than 3 years (legal stay) on the day he is granted settlement, he may apply for naturalisation (as spouse of British citizen) as soon as he is granted settlement (other conditions being met, that is).

Hi there,

Thanks so much for your response. So if I understand your post correctly, you're saying that he can use both the time under Tier 1 and marriage time (now at 1 year) to fit into the 2 year requirement? I understand that once he gets ILR, he can naturalise - just wondering if we need to wait until we are married 2 years? I read the sections you quoted, but I guess I am thick...

Thanks again.

[jenninscotland]

Hi there,

I have read a lot today, but just need one more tiny bit of information -

We've established that my husband has lived here for 5 years under various visas - but he moved to a marriage visa when we got married last year (it was only 4 years at that point and we thought to be safe against changes in visas and get him on the marriage settlement visa). As the requirement for ILR is 2 years, do we now have to wait until we've been married 1 more year before he can apply for ILR, or can he just get the ILR now by using 1 year from his 5 years + 1 year married to me for the 2 year settlement rule for ILR?

Any thoughts?

Many thanks

[vinny]

See also Husbands, wives and civil partners.