My Wife'S Citizenship

[Markkuwait]

Hello Forum,

Perhaps you can help as the UKBA doesn't answer emails!

Background:

1. I'm a Brit 36 / my wife is a Thai 38. together since 1996, in Thailand, and married in Thailand in 2002 where we then moved to a third country,

2. She entered the UK on 1st March 2009 on a visit visa and departed 30th August 2009 (in country 6 months)

3. She re-entered the UK, on the same 10 year visit visa, 30th September 2009 and departed 30th March 2010 (in country 6 months) - during this time she took the 'Life in uk test' and passed.

4. Prior to these two extended trips, wifey had been in and out of the UK on many short trips on 2 and 5 year visit visas.

5.She entered the UK on 15th May 2010 with an ILE visa.Between entering on that date and today, she has spend no more than 5 weeks out of the country in various European countries.

The Questions:

A: Is she able to apply for citizenship on the 1st March 2012? This would be exactly 3 years since she first entered the UK, albeit on a visit visa.

B: If so, any ideas how long the process is from submitted docs (and any ideas how we can do it?) through to gaining citizenship?

C: Any ideas how long it takes to receive a UK passport after gaining citizenship?

Essentially, I need to leave the UK to take up an overseas job, however, I cant do that until all of the above is achieved. Me going first and her following me is not an option as we dont do separations.

Thanks for reading

Mark

[Markkuwait]

30 views....any ideas posters?

[7by7]

One of the requirements for naturalisation is that the applicant must have no time restriction on their stay in the UK. You say that your wife has ILE, so that is covered.

Having passed the Lituk test to obtain her ILE she does not need to do so again for naturalisation.

There is a residential requirement.

• As she is the spouse of a British citizen she must have been legally in the UK on the exact date three years prior to the UKBA receiving her application; the type of visa she had at that time does not matter.
  
• During the three years prior to them receiving her application she must have spent no more than 270 days out of the UK with no more than 90 days in the final year.
  

So if she was in the UK on 1st March 2009 and will have spent less than 270 days out of the UK between then and 1st March 2012 and less than 90 days out of the UK between 1st march 2011 and 1st March 2012 then she can apply on the 1st March 2012. I'll let you do the maths and work it out.

For more details on the qualification requirements, see Requirements for naturalisation if you are married to or the civil partner of a British citizen

For how to apply, fees etc. see How do I apply for naturalisation as a British citizen? and the relevant links from there.

Waiting times suggest that processing in most cases takes three to 6 months.

Once her application has been successful then she will need to attend a citizenship ceremony before she can apply for a British passport. Most local authorities hold these monthly; possibly longer depending on demand.

All adults, whether naturalised or born British, applying for their first passport now need to attend an identity interview. The IPS say that because of this applicants should allow 6 weeks for their passport to arrive. See Applying for your first adult passport.

Taking all of that into consideration, I reckon that you should allow at least 6 months from submitting the initial naturalisation application to receiving her passport; possibly longer.

[Markkuwait]

Excellent post, thanks. Very informative.And with that in mind, have a nice evening - I'll let the Mrs know.

[Markkuwait]

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

Am I missing something? this says the requirement is 5 years for spouses...

[steve187]

check this page for spouses of uk nationals - http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

[steve187]

I would suggest using the Nationality Checking Service, provided by your local council, this from my experiences speeds up the process and eliminates any errors in the form completion

[7by7]

Markkuwait, the standard residential requirement, which you have linked to, is 5 years, but the opening paragraph of the page you linked to includes

If you are married to or a civil partner of a British citizen, the requirements you need to meet are different; you should read the Spouses and civil partners page for more details.

One of the proposals currently being considered by the government is to make the residential requirement for spouses and civil partners the same as for everyone else; 5 years. But at present it is three years; as per the page I linked to earlier and linked to again by Steve187 above.

[Markkuwait]

Yes, thanks - got it all now. Ive read all the docs and emailed the relevant councils/registrars.

Well, that doesnt look good regards potentially extending the qualifying period! Do you know where the proposal currently is? IE status in parliament?

[7by7]

Not got to Parliament yet, it is merely a policy document up for consideration by the government.

To be honest, when I said

One of the proposals currently being considered by the government is to make the residential requirement for spouses and civil partners the same as for everyone else; 5 years

I was relying on memory and having now checked I admit that I was not strictly correct.

The actual proposal is to increase the probationary period for ILR from two years to five.

Another proposal is to effectively do away with ILE by making couples who would currently qualify for it live together in the UK for 5 years before the foreign spouse is free from immigration time restrictions.

If this does come into effect then this would effectively increase the residential qualification for naturalisation to 5 years for spouses and civil partners who must be free of immigration time restrictions when they apply and 6 years for others as they must have been free of immigration time restrictions for at least 12 months before applying.

If it is introduced then those who already have ILR are unlikely to be affected; they weren't when the probationary period was increased from 12 months to two years by Labour. So, as your wife has ILE it is unlikley that she would be affected. Aplols for any panic caused.

However, all the rules and requirements are subject to change by the government at any time, so you should always check the current requirements before applying.

[Markkuwait]

No panic. All good here. So we are aiming for early Jan @ 4 months from submission and keeping in mind the potential for 6 months.

Cheers for the input.

Mark