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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am South African women married to a British passport holder

Customer Question

I am South African women married to a British passport holder we came over on a spousal visa for me and have been here 3 and a half years, my passport says that I have unlimited leave to remain, please can I know what my next step is to getting my British passport.

Thank you for your help
Dianna
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Did you make an application for indefinite leave to remain following your application for a spouses visa?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.

Hi Tom

 

Thank you for answering, No I have not done anything as yet, I would like to know what I sould be doing next, I have asked many people and have had many many answers, I am now totally confused and certainly need your expert help step for step please.

 

Thanks

Dianna

Expert:  Thomas replied 4 years ago.

Hi Dianna,

 

When did you marry your husband and were you living together as man and wife for a significant time before coming to the UK. Please state how long?

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.

Hi Tom

 

We have been married for 35 years (yesterday was our anniversary) and have been living as man and wife for that long,

 

Thank you for your quick responce

 

Dianna

Expert:  Thomas replied 4 years ago.

Good, I think I can put your mind at rest then - it's more than the four years married so I think you qualified for indefinite leave to remain (stamped as 'unlimited' in your passport) automatically.

 

In order to get a British passport you will need to apply for naturalisation. You should do this immediately because the rules are changing next year and although it will not effect your eligibility to apply it is likely that the UKBA will be flooded and overworked by then so waiting times will increase.

 

You will have to apply using Form AN1, downloadable from the UKBA website. There are requirements you need to meet before you apply:

  • you are aged 18 or over; and
  • you are of sound mind; and
  • you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
  • you have sufficient knowledge of life in the United Kingdom (by passing the "life in the UK test"; and
  • you are of good character; and
  • you are the husband, wife or civil partner of a British citizen; and
  • you meet the residential requirements (you do not have to worry about these because you have been married for longer than 4 years and already have ILR

 

The UKBA aims to decide 95% of all such applications within 6 months and yours is not really one I would suspect them viewing as controversial. Once they have decided in your favour you will have to go through the citizenship ceremony by pledging allegiance to the Crown.

 

You will then be eligible to apply for a passport. You are permitted to hold dual nationality (ie. two passports) by British, but you may wish to check if you are permitted to do so under South African Law. I'm afraid I do not know.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6260
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Tom

 

I am so sorry I have made a mistake, my passport states that I have unlimited leave to enter, sorry for this could you possibly advise accordingly.

 

Apologies it must be age catching up.

 

Thank you

Dianna

Expert:  Thomas replied 4 years ago.

Dianna,

 

No problem, that is effectively the same and does not change your position. It's a remnant of the old immigration rules.

 

You could have applied to have it changed to ILR but as your are intending to make an application for naturalisation I would just proceed as above.

 

Kind regards,

 

 

Tom

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