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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My sister has married in the UK and is a resident in UK on

Resolved Question:

My sister has married in the UK and is a resident in UK on married to a UK passport holder with an indian passport. Now she would like to surrender her Indian passport and aplly for a British passport as She has lved there for last 15 plus years. What are the requirements from her from related departments in India.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

What nationality is your sister please?

Does she hold Indefinite Leave to Remain in the UK?

Tom
Customer: replied 1 year ago.

My sister vanessa has an indian passport and lives , married in the uk.

Customer: replied 1 year ago.

Indian nationality and can reside in the UK indefinitely. Her actual leave is based on job requirements performed there.


rgds,


 


Joe Vaz

Expert:  Thomas replied 1 year ago.
Okay.

So she has "indefinite leave to remain" stamped in her passport, correct?


Tom
Customer: replied 1 year ago.


Actually i do not know for sure if it is a truth that she holds Indian passport or British Passport and due to some family property issues would like to find out if her claim is correct.


Her claim is she has Indian passport. To my knowledge she cannot hold property in India and have British passport.


 


Regards,


 


Joe Vaz

Expert:  Thomas replied 1 year ago.
Drafting you answer. Now. 5 mins.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

She needs to check her passport to confirm that he has been given indefinite leave to remain in the UK. If she has been here for 15 years then I would be extremely surprised if she has not got it, in any event she should be able to apply for it if she hasn’t actually got it yet.

Assuming that she does have ILR then she will need to naturalise in order to get a UK passport by becoming a UK citizen.

You will see from the following link that she can naturalise if she meets the eligibility criteria for spouses of UK nationals:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

She must also ensure that she meets the residential requirements, so you should check under that heading to confirm that in the past three years she has not breached the limits on the amount of time outside UK a person is allowed.

Provided she meets this criteria then she can apply to naturalise once she has passed the Knowledge of Life in the UK test. Details of the test and how she can apply to naturalise are contained on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

If she is any doubt about whether she already has indefinite leave to remain then the best advice I can give is to have a consultation with a local immigration solicitor, rather than to contact the UKBA and potentially tip them off.

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Kind regards,


Tom
Customer: replied 1 year ago.


FAO Tom only

 

Thanks Tom the link is quite comprehensive. Specifically does one need father's birth and death certificate for the uk immigration documentation?

ie in this case my sister requesting naturalization basis marriage to uk citizen and living in uk for past 16-18 years

Expert:  Thomas replied 1 year ago.
Hi

Yes, ideally she should be able to give our fathers birth certificate and death certificates if he has passed away. However you may be able to get away with not submitting this if you do not have it because she will have her own birth certificate and also have her birth certificates to show a nationality.
Please remember to rate my answer.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6523
Experience: BA (Hons), PgDip, Practising Solicitor
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