Help Please. Naturalization nightmare.

[dubbplatz]

Hi,

Im having a nitemare trying to work out whether or not I can apply for my wifes Naturaliation or not and the UKBA website is not helping much. My wife arrived on a 2 year spouse settlement visa in June 2010 and we applied for ILR in August 2012 and was was granted ILR in January 2013.This week I started to look into when to apply for her naturaliation and on the UKBA website it say she has to have been resident for at least 3 years which she has.I started filling the forms in and then I was told by a friend that she has to have held her ILR for 12 months before you can apply so that confused me somewhat so I read up again on UKBA website and there is some thing about 12 months ILR but it is very unclear and there is no mention of it on the guide lines for Naturaliation on the UKBA site so I called the solicitor who handled my wifes ILR application and apon reading the guidelines said she was unsure as it was very unclear and said it would be up to immigration officer on the day and that she did not know for sure....So can anyone tell me whether or not I can apply her Naturaliation for British Citizenship for my wife now or whether I have to wait for her to have held ILR for 12 months? as I don't really want to waste my money with the money grabbing and unhelpful UKBA.THanks

[RAZZELL]

No, she doesn't have to hold ILR for a year.

RAZZ

[dubbplatz]

Thats good mate but can you explain how you know that to be as i need to be 100% sure.thankyou

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[dubbplatz]

Basically is there anyone that has been thru the same scenario or a immigration expert on here cos im in a muddle

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[sustento]

Somebody will be along in a bit to sort you out.

[Chittychangchang]

You are married and she has been here over three years you can apply even if she has not had ILR for 12 months.

Just done it and sent of the passport application.

For a second opinion pm 7by7, he's well up on latest developments

Regards

CCC

[dubbplatz]

Thankyou chitty

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[wooloomooloo]

...and was granted ILR in January 2013

What date is your wife's biometric card valid from?

[dubbplatz]

16th jan 2013

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[wooloomooloo]

Your wife can't apply for citizenship until next January 2014 and ensure that the application for naturalisation isn't received by UKBA any earlier than 15 January 2014.

Notwithstanding, this is strictly a postal application.

[dubbplatz]

Now im really confused lol

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[RAZZELL]

Your wife can't apply for citizenship until next January 2014 and ensure that the application for naturalisation isn't received by UKBA any earlier than 15 January 2014.

Notwithstanding, this is strictly a postal application.

You're wrong.

It doesn't make any difference how long you have ILR.

Many get confused as they arrive on a settlement visa for 24 months and then have to wait one more year for their three years - hence the common misconception that ILR has to be held for 1 year. My wife was told this by someone who's lived in the UK for ten years!

My wife applied for naturalisation about 4 weeks after gaining ILR, technically she could have applied about 2 weeks after!

All perfectly clear here:

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

RAZZ

Edited August 15, 2013 by RAZZELL

[dubbplatz]

Thanks Razzle

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[7by7]

There is, as Razz says, no minimum time the spouse or civil partner of a British citizen needs to have held ILR (or the equivalent) before they can apply for naturalisation.

As long as they meet all the other requirements they can apply immediately their ILR is granted.

All others need to have held ILR (or the equivalent) for at least 12 months before they can apply; which is where the confusion often arises.

See British Citizenship Basics for more.

[tibap]

Hi

I have just been reading the rules for my wife applying for a British passport and they state that the spouse of a British Citizen can apply after 3 years settlement in the UK.

if you want to be 100% sure why not just call the UKBA enquiry line 0870 606 7766 and ask. I have always found them very helpful in the past when I am unsure of anything.

Tibap

[dubbplatz]

Thank you

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[bobrussell]

Your wife can't apply for citizenship until next January 2014 and ensure that the application for naturalisation isn't received by UKBA any earlier than 15 January 2014.

Notwithstanding, this is strictly a postal application.

Absolutely wrong!!

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_an.pdf

Top of page 7. The residential requirement is three years (not ILR + 1 year). The applicant must have been physically in the UK on that date three years before.

If in doubt use the Nationality Checking Service at your local authority. They are thorough and will certify documents allowing you to retain key documents such as passports. For less than £100 it is very good value IMO.

[7by7]

^^^^^^

Indeed.

Dubbplatz,

from what you say, your wife was legally in the UK three years ago and she has ILR.

Therefore, provided she meets all the other requirements, she can apply now.

I, too, would recommend the Nationality Checking Service.

[dubbplatz]

Thanks guys you been a big help

[wooloomooloo]

Thanks for the clarification and apologies for the dodgy advice.

My wife arrived in the UK in 2010 and gained ILR, by coincidence, exactly two years to the day later as we went for the personal service at the PEO as I chanced on an appointment for the very day. History will repeat itself within the next two months and apply for citizenship for my wife.

We will utilise the Nationality Checking Service, retain my wife's passport, and promptly disappear on holiday to LOS for a month while UKBA process my wife's application. I'm obviously glad that the expense and rigmarole is coming to an end.

We paid our way, conformed, and take nothing from the coffers. I could grumble, but I'm always of the opinion as to not let the beggars get you down.

[dubbplatz]

The whole process has been stressful, expensive and it dont help when some clueless minister in the whatever goverment is in at the time decides to change things every year complete joke what I have to do to get my family back to UK and settled and I be over the moon when she finaly gets her British passport.Rant over....

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[bobrussell]

My suggestion is that your wife goes to a group citizenship ceremony (not a private one) so she can get really immersed in the importance of achieving her goal! They can be surprisingly emotional I promise!!

All I can say is nearly there!!!

(My wife is going to try out her brand new British passport this afternoon for the first time (going to Switzerland). She was planning to take her Thai passport so I took great pleasure in asking why, as a British Citizen she felt it necessary to take her Thai passport?!!)

Edited August 17, 2013 by bobrussell

[Chittychangchang]

Slightly off topic...

@ Bob and Razzell

When you sent in the wife's application for a British passport did you include the Thai one with the application?

CCC

Edited August 17, 2013 by Chittychangchang

[andyandythai]

Here is my wife's story....You have nothing to worry about

• Arrived in UK 11th June 2010
• Granted ILR November 2012
• Citizenship Granted and Ceremony 25th July 2013
• UK Passport received 12th August 2013

All done an dusted and yes its a long, stressful and expensive process but now we got that passport it all seems worth it!!

Andy

Edited August 17, 2013 by andyandythai

[andyandythai]

Slightly off topic...

@ Bob and Razzell

When you sent in the wife's application for a British passport did you include the Thai one with the application?

CCC

My wife had to send hers, if you pay the 3 quid extra they send it back secure courier.

[wooloomooloo]

Efficiently amended, andy.

I agree 'You have nothing to worry about' once the wife has arrived in the UK and all the rules have been obeyed and you've retained the necessary documentation in preparation of ILR and further citizenship.

[Chittychangchang]

Slightly off topic...

@ Bob and Razzell

When you sent in the wife's application for a British passport did you include the Thai one with the application?

CCC

My wife had to send hers, if you pay the 3 quid extra they send it back secure courier.

Cheers for that

CCC

[andyandythai]

Efficiently amended, andy.

I agree 'You have nothing to worry about' once the wife has arrived in the UK and all the rules have been obeyed and you've retained the necessary documentation in preparation of ILR and further citizenship.

To be honest the citizenship is the easiest part as you do all the leg work with the settlement and ILR, you don't need to send as much documentation for citizenship. Follow the guides online and it will be ok.

The last hoop you have to jump through is the passport interview but as long as you are who you say you are that's nothing to worry about either. My wife gave them the wrong name of who countersigned her application, she got mixed up with the citizenship application, but they still issued it, we had the last few day on tender hooks but all ok in the end!!

Andy

[RAZZELL]

Slightly off topic...

@ Bob and Razzell

When you sent in the wife's application for a British passport did you include the Thai one with the application?

CCC

Used NCS for citizenship.

They give the passport back to you. Still waiting for the result.

RAZZ

Edited August 17, 2013 by RAZZELL

[RAZZELL]

Here is my wife's story....You have nothing to worry about

• Arrived in UK 11th June 2010
• Granted ILR November 2012
• Citizenship Granted and Ceremony 25th July 2013
• UK Passport received 12th August 2013

All done an dusted and yes its a long, stressful and expensive process but now we got that passport it all seems worth it!!

Andy

How long did you wait for Citizenship?

And your wife applied and recieved her passport in 3 weeks?

The wife is still waiting for her citizenship letter - just about 4 weeks.

RAZZ

Edited August 17, 2013 by RAZZELL