Questions About British Citizenship

[Lois_Lane]

Hello Arthur,

I arrived here in the UK with my spouse visa on March 7, 2011. The earliest I can apply for ILR is on Feb 8, 2013. That's around almost 4 months away. Will i be eligible to apply for naturalisation one year after i get my ILR?

I went to the Philippines for a month vacation in Dec 2011 to Jan 2012 (30 days). I went back to Philippines to get my nanny for 20 days in March 2012. Then our family went to the Philippines for another vacation for 7 weeks from July to August 2012. A total of 99 days all in all from the time I got here on March 7, 2011. So i need to make sure, i won't exceed being away for more than 270 days right?

Hope to know where i stand and what i need to do. I want to have British citizenship to travel easier around the world. :-)

That's correct ... the fact that your wife came to the UK in 2010, means she can apply for naturalisation one year after being granted Indefinite Leave to Remain.

[Lois_Lane]

Hello Terpe,

My husband is an american wirh ILR for the last 20 years. I am eligible to apply for ILR on Feb 8, 2013. If my husband applies for British citizenship now before I apply for ILR next year, am i eligible to apply for British citizenship after a year from the time i get my ILR? I am hoping so. Thanks. :-)

Just to avoid any confusion.
My point is that your wife stand to lose out by leaving at the wrong time.
If she want to be granted British Citizenship she should not up sticks and leave after just forking out money for the ILR.

1. If you remain out of UK for 2 years or more the ILR of your wife will no longer be valid. She return legally and will have no eligibility to enter UK without a new visa.

2. If your wife has ILR and you leave UK for 1 year she will not quality for British Citizenship when you expect her to due to UK residency requirements

The residency requirements for British Citizenship are:-
- you have not spent more than 270 days outside the United Kingdom during the previous three-year period
and
- you have not spent more than 90 days outside the United Kingdom in the last 12 months of the three-year period.

There are some allowances and exceptions accepted. But not so much.

Just be sure to understand the implications of leaving UK for lengthy periods

[Lois_Lane]

I am asking this because it seems that the eligibility to apply for naturalisation a year after getting ILR are for those spouses of British citizens. Please clarify. Thank you.

Hello Terpe,

My husband is an american wirh ILR for the last 20 years. I am eligible to apply for ILR on Feb 8, 2013. If my husband applies for British citizenship now before I apply for ILR next year, am i eligible to apply for British citizenship after a year from the time i get my ILR? I am hoping so. Thanks. :-)

[Terpe]

Lois_Lane,

I've taken the liberty of creating a new thread for your postings on British Citizenship. I hope you don't mind, but the issues raised did not really sit well in the thread you originally posted them to.

Concerning your questions I have the following comments:-

Firstly, may I very kindly suggest you both review the Application Form AN for Naturalisation and also the Guide AN for Naturalisation.
You will gain a much better understanding of the detail of what's involved in the application, the doucumentation required and the specific immigration law (especially relating to residence requirements)

Concerning the specific questions you have raised:-

1. You arrived into UK on March 7th 2011
The qualifying period is 24 months living in UK before you become eligible fo ILR application.
For ILR you are allowed to submit your application 28 days before the end of the 24 month qualifying period.
In your case 28 days from 7th March 2013
So the earliest date that your ILR application may be submitted is 8th February 2013

Indefinite leave to remain (ILR) means you are free from immigration control.(Except if you remain oustide of UK for more than 2 years)


2. There are 2 different conditions impacting applications for citizenship.

You have been living in the UK for the last five years

- You must be aged 18 or over.
- You must be of sound mind.
- You must intend to continue living in the UK.
- You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- You must have sufficient knowledge of life in the UK.
- You must be of good character.
- You must meet the residential requirements
- You must have been free from immigration time restrictions during the last 12 months of the residential qualifying period. (ILR)
- You have not been absent from the UK for more than 450 days during the residential qualifying period.(5 years)
- You have not been absent from the UK for more than 90 days in the last 12 months.
- Pass certificate for “Life in the UK” test
- You were physically present in the UK at the beginning of the 5 years residence period. For example, if UKBA receive your application on 25 March 2010, you must show that you were physically in the UK on 26 March 2005. This is simply a pass or fail test. There is no discretion at all with this requirement, so don't be tempted to apply early.


You have been living in the UK for the last three years

- you are aged 18 or over.
- you are of sound mind.
- you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- you have sufficient knowledge of life in the UK.
- you are of good character.
- you are the husband, wife or civil partner of a British citizen.(Note that this period can also include any time spent in the UK as the holder of a fiance(e) visa)
- you meet the residential requirements.
- You must be free from immigration time restrictions on the day you make your application. (ILR)
- You have not been absent from the UK for more than 270 days during the residential qualifying period.(3 years)
- You have not been absent from the UK for more than 90 days in the last 12 months.
- Pass certificate for “Life in the UK” test
- You were physically present in the UK at the beginning of the 3 years residence period. For example, if UKBA receive your application on 25 March 2010, you must show that you were physically in the UK on 26 March 2007. This is simply a pass or fail test. There is no discretion at all with this requirement, so don't be tempted to apply early.

After the Naturalisation ceremony you will be able to make application for British Passport.

Also be aware that your Philippine citizenship will be automatically lost after the UK oath taking. You will need to make arrangements to re-acquire your Philippine citizenship by an oath taking held at the Philippine Embassy.
I don't know the citizenship rules concerning your American husband, but would advise you to find out from the US Embassy.


Eligibility

Until your husband becomes a naturalised British Citizen you will be considered for naturalisation application under the '5 years residency rules'.

However, once your husband has become a British Citizen (after Naturalisation Ceremony) you will then become the spouse of a British Citizen and able to make application for Naturalisation under the '3-year residency rules' for spouses/civil spouses.

After the Naturalisation ceremony application can be made for a British Passport.

Be aware that in the case of your Philippine citizenship, it will be automatically 'lost' after your own UK oath taking.
You will need to make arrangements to re-acquire your Philippine citizenship by an oath taking held at the Philippine Embassy.

I really don't know how UK naturalisation impacts the citizenship rules concerning your American husband, but would advise you to find out from the US Embassy.

Hope this writing has clarified all your concerns.

[Lois_Lane]

Thank you Terpe. You are always so helpful.

I have read the Application Form AN for Naturalisation
and it says there that, if I am married to a British citizen by the time of my application for naturalisation and have been a resident in the UK for at least 3 years, then I qualify for it. There are rules about my presence here in the UK, have to pass Life in the UK test and so on. The earliest I can apply for it is on March 8, 2014. That's assuming that my husband is a British citizen by then which is very likely. :-) We are submitting his application for naturalisation next Wednesday (Oct 31). :-)

Thanks for the head up about me losing my Philippine citizenship at the UK oath taking. I plan to reacquire it after that. :-)

As for my husband's american citizenship, we will check on that.

Thanks again for being so helpful. Godbless.

Lois_Lane,

I've taken the liberty of creating a new thread for your postings on British Citizenship. I hope you don't mind, but the issues raised did not really sit well in the thread you originally posted them to.

Concerning your questions I have the following comments:-

Firstly, may I very kindly suggest you both review the Application Form AN for Naturalisation and also the Guide AN for Naturalisation.
You will gain a much better understanding of the detail of what's involved in the application, the doucumentation required and the specific immigration law (especially relating to residence requirements)

Concerning the specific questions you have raised:-

1. You arrived into UK on March 7th 2011
The qualifying period is 24 months living in UK before you become eligible fo ILR application.
For ILR you are allowed to submit your application 28 days before the end of the 24 month qualifying period.
In your case 28 days from 7th March 2013
So the earliest date that your ILR application may be submitted is 8th February 2013

Indefinite leave to remain (ILR) means you are free from immigration control.(Except if you remain oustide of UK for more than 2 years)


2. There are 2 different conditions impacting applications for citizenship.

You have been living in the UK for the last five years

- You must be aged 18 or over.
- You must be of sound mind.
- You must intend to continue living in the UK.
- You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- You must have sufficient knowledge of life in the UK.
- You must be of good character.
- You must meet the residential requirements
- You must have been free from immigration time restrictions during the last 12 months of the residential qualifying period. (ILR)
- You have not been absent from the UK for more than 450 days during the residential qualifying period.(5 years)
- You have not been absent from the UK for more than 90 days in the last 12 months.
- Pass certificate for “Life in the UK” test
- You were physically present in the UK at the beginning of the 5 years residence period. For example, if UKBA receive your application on 25 March 2010, you must show that you were physically in the UK on 26 March 2005. This is simply a pass or fail test. There is no discretion at all with this requirement, so don't be tempted to apply early.


You have been living in the UK for the last three years

- you are aged 18 or over.
- you are of sound mind.
- you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- you have sufficient knowledge of life in the UK.
- you are of good character.
- you are the husband, wife or civil partner of a British citizen.(Note that this period can also include any time spent in the UK as the holder of a fiance(e) visa)
- you meet the residential requirements.
- You must be free from immigration time restrictions on the day you make your application. (ILR)
- You have not been absent from the UK for more than 270 days during the residential qualifying period.(3 years)
- You have not been absent from the UK for more than 90 days in the last 12 months.
- Pass certificate for “Life in the UK” test
- You were physically present in the UK at the beginning of the 3 years residence period. For example, if UKBA receive your application on 25 March 2010, you must show that you were physically in the UK on 26 March 2007. This is simply a pass or fail test. There is no discretion at all with this requirement, so don't be tempted to apply early.

After the Naturalisation ceremony you will be able to make application for British Passport.

Also be aware that your Philippine citizenship will be automatically lost after the UK oath taking. You will need to make arrangements to re-acquire your Philippine citizenship by an oath taking held at the Philippine Embassy.
I don't know the citizenship rules concerning your American husband, but would advise you to find out from the US Embassy.


Eligibility

Until your husband becomes a naturalised British Citizen you will be considered for naturalisation application under the '5 years residency rules'.

However, once your husband has become a British Citizen (after Naturalisation Ceremony) you will then become the spouse of a British Citizen and able to make application for Naturalisation under the '3-year residency rules' for spouses/civil spouses.

After the Naturalisation ceremony application can be made for a British Passport.

Be aware that in the case of your Philippine citizenship, it will be automatically 'lost' after your own UK oath taking.
You will need to make arrangements to re-acquire your Philippine citizenship by an oath taking held at the Philippine Embassy.

I really don't know how UK naturalisation impacts the citizenship rules concerning your American husband, but would advise you to find out from the US Embassy.

Hope this writing has clarified all your concerns.