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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a TIER 2 visa and should be due for indefinite leave

Resolved Question:

I have a TIER 2 visa and should be due for indefinite leave to remain under the 5 years rule by December 2014. However i have been married to a British national since April 2012. I was wondering if I can apply for naturalization now and directly on a discretionary basis considering that we now have son who is 16 months old and also a British citizen by virtue of the mum being British national.

Is this a viable option for me considering that the immigration rule states that i need have no time restriction on my visa before applying for naturalization? However there is a clause in there which states that this rule can be waived on "discretionary" basis
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I am afraid not, the rules are very strict on naturalisation. Because you are married to a UK citizen, the spouse requirements apply to you (rather than the standard requirements) even though you have not been on a spouse visa.

The requirements are the same in that you must be free from immigration time restrictions (ie. you must have ILR) at the date you make the application:-
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

There is no flexibility for the Home Office to act on a discretionary basis with regard to having ILR. They would reject your application and retain the fee, so you would lose the application fee and only have to pay it again once you apply again when you have ILR.

There is a small benefit under the spouse requirements, because under the standard requirements you would have to wait a further 12 months from the date that you get ILR in order to apply. This does not apply under the spouse requirements, so you would be eligible to apply for naturalisation immediately after you obtain ILR.

I am sorry.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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