Ilr Or Flr Needed For Naturalisation In Uk

[mangojuice]

Hi,I have trawled the forum for the info.but have found nothing up to date and with immigration goal posts changing all the time I really need some up to date advice.I apolagise in advance if there is current information here.

My wife is on her second FLR visa and this ends in June 2010,she has been a keen student and passed the life in the UK test.My question is,does she need to hold a ILR visa before applying for naturalisation or can we go straight ahead and apply from FLR?

In addition,despite our two daughters that were born in the UK we also have my wifes Thai daughter who is 14 and has been in the Uk since May 2009,I understand that if we apply for ILR she would be listed as a dependant on the application form and,if we are successfull with the application then she would automatically gain the same status as my wife,but would it be the same with a naturalisation application because she has been in the UK for a short time?

Finally,how long does a ILR last? is there any need to apply for naturalisation?we intend to live in the UK fo the next 20 years.

Many thanks,M.Juice

[7by7]

To qualify for naturalisation she must be free of any time restrictions on her stay in the UK. So FLR is not enough she must have ILR.

Her daughter needs to apply for ILR at the same time as her mother.

See How to apply for settlement in the UK

Once your wife has ILR then, assuming she meets the residential and other requirements, she can apply for naturalisation. See Requirements for naturalisation if you are married to or the civil partner of a British citizen and How do I apply for British citizenship or another form of British nationality?

Children under the age of 18 cannot be naturalised as British (they are considered too young to take the oath), but they can apply to be registered as British; which to all intents and purposes is the same thing. She can apply for this at the same time as her mother. See Can I register a child aged under 18 as a British citizen?

Indefinite Leave to Remain is, as the name suggests, indefinite. That is, there is no fixed time limit. It can lapse if it becomes apparent that the UK is no longer the holder's residence, and they are using it merely as a glorified visit visa. It will also lapse if the holder spends a continuous period of 2 years or more outside the UK.

ILR can also be revoked and the holder removed from the UK if they commit a serious criminal offence.

Naturalisation cannot lapse; it can be revoked if a naturalised person commits a very serious offence, but we're talking treason, sedition or terrorism for that to happen!

The benefits of naturalisation are, IMHO;

Cannot lapse, no matter how long one is out of the UK for.

Visa free travel within Europe and to many more countries than a Thai citizen.

The right to vote and take an active part in the British democratic process, if one wishes to do so.

Finally, just to confirm that both Thailand and the UK allow dual nationality. Being naturalised as British will not effect her Thai citizenship in any way, and vice versa.

[mangojuice]

Thank you 7by7,ILR it is then!

There will be a lot of money coming out of my account in the near future!!!

Just to make things crystal,after ILR I now understand it would be best to get naturalisation for my wife,how long would I have to wait until I apply?She has been here for nearly four years already.

It would be great to take my family to europe after my wife gets naturalisation,fantastic idea but would my step daughter have visa problems seeing as she can't have the same status till after she is 18.

much obliged.

[7by7]

The residential requirement for naturalisation as the spouse of a British citizen is that the applicant must have been physically present in the UK on the exact date three years prior to submitting the application and during the last three years have spent no more than a total of 270 days out of the UK with no more than 90 days in the final year.

As your wife has been in the UK for 4 years, then assuming she meets the above she can apply immediately she receives her ILR.

There is no such residential requirement for registration as British by a minor, especially if said minor is applying for registration at the same time as a parent is applying for naturalisation. So your step-daughter can apply at the same time as her mother.

As I said, registration is to all intents and purposes the same as naturalisation; and this includes the ability to obtain a British passport once registered. So you can all go on that European trip, no visas required!

Edit:

Forgot to add that, like naturalisation, registration is valid for life unless revoked (see above). So your step-daughter wont have to do it all again when she reaches 18.

Edited March 2, 2010 by 7by7

[mangojuice]

Great advice 7by7 thank you for your time.

Are you in Bangsu or Surry now? My wife wants to know what the weather is like.

[7by7]

I'm in Surrey; the wife's in Bangsu sorting out some building work on our house there.

I assume you're in the UK, and mean the weather in Bangsu. The boss says it's very hot, about 35 during the day and not much less at night; also very humid.

She's staying with her son while our house is being fixed; no air con, and she's feeling it!

[mangojuice]

Sorry yes I'm in the UK,Midlands I heard it was hot in Thailand now,not been there for a while,we are used to spending 2 or 3 months a year there but having the little ones now it is harder.We are all going there for 6 weeks in July/Aug because of 14 yr old school hols and never been ther that time of year so not sure what to expect.Thanks again for post,good luck with the house.

[bobrussell]

Lucky beggars. Due to work I have not seen our house in Thailand for over a year!