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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I want to check if both I and my wife are eligible to apply

Resolved Question:

I want to check if both I and my wife are eligible to apply for the naturalisation now and what the correct form is? Both of us now have ILR for approx. 14 months. I've been here for 10 years now, 5 years prior to me getting ILR were mainly Tier 1 General. My wife has been here for 4 years now, 2.5 yeas prior to her getting ILR were spent as Tier 1 General dependent.

For clarity, I've not spent more than 450 days outside the UK during the five-year period; and have also not spent more than 90 days outside the UK in the last 12 months of the five-year period. My wife has also not been outside the country for long and certainly not spent more than 90 days outside the UK in last 14 months.

Other background info is that when we applied for ILR, unfortunately our passports were returned initially due to the form not being correct. Our passports were returns after our leave to remain had expired. Thankfully we were allowed by UKBA to apply for ILR again and we were grated that satisfactorily. I understand that this actually in itself shouldn't create an issue as if UKBA had considered us overstayers then they wouldn't have granted ILR to start with.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
There should not be any issue with regard to your resubmission and this should not be considered overstaying. I represent such applications on a very regular basis and have not had an application refused solely on this basis.

You must make sure that you were present in the UK 5 years prior to the date on which you apply (3 years for your wife). You must both have passed the Life in the UK Test, which I presume you would have already done for ILR.

If you apply from 28 October 2013 you must both evidence English language ability as well - this can be met by nationality, a degree taught in English or an English language test:

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/84-nigeria-settlement1

You should use form AN - you and your wife both complete applications - forms and guidance here:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

You also need to complete and include the payment form linked at the bottom right of the same page.

You can send the application and and wait for 2 to 6 months or you can apply using a Nationality Checking Service (NCS). The advantage of this is that they take copies and forward your application and you therefore are able to retain your passports and documents:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/checkingservice/
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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