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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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, I hold an Indian passport. I work multinational

Customer Question

Hi,
I hold an Indian passport. I work for a multinational bank. I came into UK on Aug 16th 2008 on company sponsored work permit visa. My wife came into the UK on 7th May 2011 on dependent work permit visa. Last year on 11th July 2013 both me and my wife acquired the ILR. As there was a mistake on my ILR I was issued another rectified ILR on 19.08.2013. I have 3 questions on the UK passport application.
1) When am I eligible for applying for naturalisation and thereafter the UK passport?
2) Since my wife has not been in the UK for 5 years, can she apply along with me this year for naturalisation and passport as she would be wife of a British citizen? If not, when is the earliest she can apply?
3) Can I still travel on my Indian passport when I have applied for naturalisation or for the UK passport?
Thanks much in advance for your help in this regard.
Thanks,
Nil
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

Hello,

To answer your queries:

1) you may apply for naturalisation on 11th July 2014 or thereafter as that is the first anniversary of the date you were issued with ILR;

2) Your wife may not apply with you as you will not be a British Citizen at the time of her application. She may apply immediately you become a British Citizen on taking the oath as you become British at the point of the oath, not before;

3) you cannot use your Indian passport at the point of you becoming a British citizen i.e. when you take the oath. Until that time, you may use it, after that, you will need to surrender your Indian passport. Check with the High Commission of India on the procedure for surrendering your Indian passport. You may apply for OCI after you have surrendered your Indian passport.

All the best

Customer: replied 3 years ago.

Thank You so much for the responses. Can I please clarify some doubts as below?

1) Is there no possibility that we can apply together for naturalisation? Just wanted to check whether your advice is based on what is safer to do.

2) We have an Indian government issued marriage license. Do we need register our marriage here in UK if she applies as wife of UK citizen or is the Indian certificate enough for that purpose?

3) Would we need her name to be on council tax/gas-electricity bills as support for this process?

4) Since our old passports were stolen in Germany (have police report) last year, would the naturalisation process require any 'prior to ILR' documents?

5) Lastly, do we need to reappear or additionally appear for any residency exam considering we have already passed the test required for ILR?

Thanks,

Nil

Expert:  UKSolicitorJA replied 3 years ago.
1. Sorry, she does not qualify at the same time as you
2 no need to do so
3 no need for this
4 you may be asked to show proof that you were in the UK for the period you claim to be e.g. Bank statements, work letters etc
5 you may need to sit for an English language test, no need to re take life in the UK test
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/kol/
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Customer: replied 2 years ago.

Hi,

Thanks for your help earlier in the year. Wanted to convey to you that I was naturalised successfully on 23rd December. Will apply for my wife now as per your guidance. Not sure if you will be able to assist further on this query. But need a clarification on point 4 of your response above for my wife.

As our passports were stolen and my wife does not work in the UK (no benefits form Govt as well) and she does not study in a college, we do not have any alternative resident proof document required (such as P60, wage slip or school letter) for naturalisation for her between 7th May 2011 (date of entry) and the date of new Indian passport (26th April 2013). We have the German Police report, NHS cards/letters, council tax bills, electoral letters and rent agreements for different parts of this period. We have copies of the old passport and UK visa with entry stamp. These documents were used for ILR application and was successful.

Are these docuements sufficient to prove residence for my wife's naturalisation application (through NCS) or do i have wait for 2 years i.e (27th April 2013 to 26th April 2016) before applying with passport proof?

Thanks,

Dipranil

Expert:  UKSolicitorJA replied 2 years ago.
Congratulations on your successful naturalisation.
The documents submitted previously are sufficient to prove her residency and she may apply straight away for naturalisation.
All the best