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Posted

We have a Thai friend who works at the local restaurant. He has worked and resided in UK for 7 years and obtained settlement January 2013. His Thai wife entered the UK in Dec 2009 on a dependent work permit visa and lived here for more than 3 years.

An application for naturalisation can be made as I understand it after 5 years. Presumably our Thai friend can now apply for naturalisation and before the Oct 2013 changes (B1 English)?

Second query, when can his wife apply for naturalisation (at the same time with husband or afterwards)?

Posted (edited)

The residential requirements for naturalisation if not the spouse or civil partner of a British citizen are:

  • have had no time restriction their stay in the UK, i.e. ILR or the equivalent, for at least 12 months prior to the application;
  • been legally in the UK on the exact day 5 years before the date the UKBA receive the application;
  • have not been out of the UK for more than 450 days during the last 5 years, with no more than 90 days in the final year.

So, assuming your friend meets the above the current knowledge of language and life in the UK (KOL) requirement and the other requirements then he can apply before the KOL changes in November.

See Standard requirements for naturalisation.

But his wife can't, as she has not been in the UK for at least 5 years.

However, once your friend has gone through the process, including his citizenship ceremony, he will be British and his wife will then be the spouse of a British citizen. So, could she then apply as such, i.e. with a 3 year qualifying period rather than 5? Requirements for naturalisation if you are married to or the civil partner of a British citizen.

I can find no reason why not.

Edited by 7by7

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