silentray

Hi

I have a question regarding qualifying period of my wife's ILR.

I obtained my ILR in August 2010, my wife then becomes my dependent in September 2010. She should be completed her 2-year qualifying period in this September.

However, I obtained my British citizenship early this year. My question is that, will my change from ILR to British citizenship reset her qualifying period to 2 years? Is she still eligible to apply for ILR in this September?

Many thanks.

roaringmouse

If by your wife became your dependent you mean she was granted a visa based on marriage to a settled person, then your change of status to citizen has no effect on her status. If she applied for settlement outside the UK, then she would be eligible to apply for ILR from 28 days before the 2 year anniversary of her arriving in the UK on that visa.

Also, as your wife is married to a British citizen, she will be eligible for naturalisation after 3 years residency - as long as she holds ILR on the day of application (no 1 year minimum required) and meets other requirements such as any absences and being in the UK on the day 3 years prior to the application date. It doesn't matter that you've not been a citizen for the full 3 years.