Author Topic: 5 years for citizenship (partner route)... some questions  (Read 492 times)

0 Members and 1 Guest are viewing this topic.

Offline jfkimberly

  • *
  • *
  • *
  • Posts: 1484
  • Joined: Aug 2012
  • Location: Southwest Wales
  • Gender: Female
  • Liked: 185
5 years for citizenship (partner route)... some questions
« on: January 12, 2018, 05:07:27 PM »
For background, I:
Entered UK on marriage (fiancee) visa on 1 February, 2013.
Married on 4 June, 2013.
FLR(M)#1 granted in-person on 5 June, 2013.
FLR(M)#2 granted by post on 8 January, 2016.

I intend to book our in-person ILR application at the end of March, aiming for an appointment on or near May 8th, which is 28 days before my five years on FLR(M).

When should I start thinking about booking a NCS appointment if I want to do that as soon after ILR as possible?  Do I have to wait for my BRP to be sent, or can I do it with just the approval letter you get at the appointment?

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for citizenship?  Or do I need to wait until 5 years have passed on FLR(M)?

There is no requirement for a sponsor at the citizenship stage, right?  It's granted based solely on me, and how long I have been lawfully resident in the UK (and other factors, such as Good Character). So I could just go on my own to the NCS appointment to complete my application?  My husband wouldn't need time off work, or anything?
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
Now just waiting out the clock for ILR.

Offline hms_seahorse

  • *
  • Posts: 255
  • Joined: Feb 2015
  • Location: London
  • Liked: 48
Re: 5 years for citizenship (partner route)... some questions
« Reply #1 on: January 12, 2018, 05:26:02 PM »
When should I start thinking about booking a NCS appointment if I want to do that as soon after ILR as possible?  Do I have to wait for my BRP to be sent, or can I do it with just the approval letter you get at the appointment?

I'm eligible to apply for naturalisation on 12 April, and don't yet hold ILR (expecting it will be approved in-person on 15 March), and was able to make my NCS appointment with Brent Council today. The only thing to keep in mind is that (a) you have to pay the fee when you make the appointment (give them card details over the phone) and (b) the fee is non-refundable, so if you have any doubts, hold off!

Offline larrabee

  • *
  • Posts: 6407
  • Joined: Sep 2010
  • Gender: Female
  • Liked: 2286
Re: 5 years for citizenship (partner route)... some questions
« Reply #2 on: January 12, 2018, 05:42:14 PM »
It’s only 3 years to citizenship if you are married to a British citizen but the catch is that you also need to be free of immigration control (so have ILR) before you are eligible.
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline larrabee

  • *
  • Posts: 6407
  • Joined: Sep 2010
  • Gender: Female
  • Liked: 2286
Re: 5 years for citizenship (partner route)... some questions
« Reply #3 on: January 12, 2018, 05:43:52 PM »
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

Presumably, as seahorse has just done it, you don’t need ILR to book the appointment but you do need it before you can actually apply.
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline jfkimberly

  • *
  • *
  • *
  • Posts: 1484
  • Joined: Aug 2012
  • Location: Southwest Wales
  • Gender: Female
  • Liked: 185
Re: 5 years for citizenship (partner route)... some questions
« Reply #4 on: January 12, 2018, 05:50:32 PM »
It’s only 3 years to citizenship if you are married to a British citizen but the catch is that you also need to be free of immigration control (so have ILR) before you are eligible.

Oh!  So I'm good to go the day I have my new ILR BRP in hand?  ... Do I have to wait for it to arrive, or can I do NCS with just the approval letter?  It'd be rather cool to make a short holiday of it, and go to my ILR appointment on one day and NCS the next.  But I suspect I can't do that, can I?  :P
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
Now just waiting out the clock for ILR.

Offline KFdancer

  • *
  • Posts: 9566
  • Joined: Jun 2012
  • Location: Wokingham
  • Liked: 1876
Re: 5 years for citizenship (partner route)... some questions
« Reply #5 on: January 12, 2018, 06:14:16 PM »
You need your BRP for the NCS appointment.

I called for the NCS appointment when I knew DX had my BRP for delivery.  My local council was about a month out for appointments, but Reading (a 10 minute drive) could see me the next day.  I didn't want next day (as I knew I'd be sitting around waiting for DX), so booked the next week.

Offline larrabee

  • *
  • Posts: 6407
  • Joined: Sep 2010
  • Gender: Female
  • Liked: 2286
Re: 5 years for citizenship (partner route)... some questions
« Reply #6 on: January 12, 2018, 06:26:08 PM »
You need your BRP for the NCS appointment.

I called for the NCS appointment when I knew DX had my BRP for delivery.  My local council was about a month out for appointments, but Reading (a 10 minute drive) could see me the next day.  I didn't want next day (as I knew I'd be sitting around waiting for DX), so booked the next week.

Again so grateful that you blazed the trail. Thank you!  I haven’t gone that far in my research yet!

March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline jfkimberly

  • *
  • *
  • *
  • Posts: 1484
  • Joined: Aug 2012
  • Location: Southwest Wales
  • Gender: Female
  • Liked: 185
Re: 5 years for citizenship (partner route)... some questions
« Reply #7 on: January 12, 2018, 08:45:53 PM »
You need your BRP for the NCS appointment.

I called for the NCS appointment when I knew DX had my BRP for delivery.  My local council was about a month out for appointments, but Reading (a 10 minute drive) could see me the next day.  I didn't want next day (as I knew I'd be sitting around waiting for DX), so booked the next week.

Yes, as larrabee said, I am so grateful for your trailblazing!  Can you go to any council for NCS?  I thought it was like in-person visa appointments and I'd have to go to Cardiff again.  But if I can just go to Carmarthen, that's much easier.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
Now just waiting out the clock for ILR.

Offline KFdancer

  • *
  • Posts: 9566
  • Joined: Jun 2012
  • Location: Wokingham
  • Liked: 1876
Re: 5 years for citizenship (partner route)... some questions
« Reply #8 on: January 12, 2018, 09:46:17 PM »
You can go to any council.

Offline kerinay

  • *
  • *
  • Posts: 3
  • Joined: Sep 2017
  • Liked: 0
Re: 5 years for citizenship (partner route)... some questions
« Reply #9 on: January 13, 2018, 12:41:07 AM »
This may be a silly question...but if you apply for citizenship (partner route) and you are a US citizen do you end up getting dual citizenship or do you have to revoke US?

Offline dramahuman

  • *
  • *
  • Posts: 61
  • Joined: Sep 2017
  • Location: US
  • Gender: Female
  • Liked: 12
Re: 5 years for citizenship (partner route)... some questions
« Reply #10 on: January 13, 2018, 01:08:50 AM »
This may be a silly question...but if you apply for citizenship (partner route) and you are a US citizen do you end up getting dual citizenship or do you have to revoke US?

You do not have to revoke, you can give it up if you wish, but that can cost a pretty penny; So, dual citizenship
Met my Scottish man: 02/25/2016
Engaged: 10/29/2016
Married: 11/16/2017
Plan to apply: 02/2018

Offline Sirius

  • *
  • Posts: 2230
  • Joined: Sep 2014
  • Liked: 206
Re: 5 years for citizenship (partner route)... some questions
« Reply #11 on: January 13, 2018, 02:10:38 PM »
This may be a silly question...but if you apply for citizenship (partner route) and you are a US citizen do you end up getting dual citizenship or do you have to revoke US?

The US and the UK allow people to hold citizenship of other countries.
« Last Edit: January 13, 2018, 02:13:54 PM by Sirius »

Offline Sirius

  • *
  • Posts: 2230
  • Joined: Sep 2014
  • Liked: 206
Re: 5 years for citizenship (partner route)... some questions
« Reply #12 on: January 13, 2018, 02:12:00 PM »

Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for citizenship? 


No.

« Last Edit: January 14, 2018, 04:35:20 PM by Sirius »

Offline ksand24

  • *
  • *
  • *
  • Posts: 18122
  • Joined: Jan 2007
  • Gender: Female
  • Liked: 1626
5 years for citizenship (partner route)... some questions
« Reply #13 on: January 13, 2018, 02:31:17 PM »
No.

It does... or at least it used to, as did time on a visitor visa too.

Before the 2012 rule changes, when it was only 2 years to ILR, but 3 years to citizenship, a few people used time on a visitor visa or fiancé visa to meet the 3 years for citizenship.

These days it’s not relevant because it’s now 5 years to ILR anyway and you can’t apply for citizenship until after you have ILR, so a fiancé or visitor visa will have been too long ago to count towards citizenship anyway.


Sent from my iPhone using Tapatalk

Offline ksand24

  • *
  • *
  • *
  • Posts: 18122
  • Joined: Jan 2007
  • Gender: Female
  • Liked: 1626
5 years for citizenship (partner route)... some questions
« Reply #14 on: January 13, 2018, 02:40:15 PM »
Does the time I was here on a marriage (fiancee) visa even count toward the 5 years for citizenship?  Or do I need to wait until 5 years have passed on FLR(M)?

If you’re married to a UK citizen, only 3 years of residency are needed  o meet the citizenship requirements. The issue is that it now takes 5 years on FLR(M) to qualify for ILR... and you must get ILR first before you can apply for citizenship.

So the requirements are:
- 5 years on FLR(M) to qualify for ILR
- 3 years of residency in the UK plus you must hold ILR to qualify for citizenship

So in your case:
- UK residency started 1 Feb 2013
- 5 year count to ILR started 5 June 2013
- 5 years for ILR reached on 5 June 2018
- you can apply for citizenship right after being granted ILR

Say your ILR is granted on June 5th 2018 and you apply for citizenship on June 10th, 2018, your 3-year residency period to qualify for citizenship will be June 10th 2015 to June 10th 2018.

You must be able to show that:
- you were physically in the UK on June 10th 2015
AND
- you have not been outside the UK for more than 270 days since June 10th 2015, and no more than 90 of those days can be since June 10th 2017.



Sent from my iPhone using Tapatalk
« Last Edit: January 13, 2018, 02:41:34 PM by ksand24 »