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Naturalisation, Spouse of a British Citizen -- Residency Req

Posted: Thu Nov 08, 2012 12:15 pm
by karim_9876
I understand you should have lived in the UK for 3 years before applying for British citizenship if you are married to a British citizen.

The question is: Under which visa category you should have spent the 3 years?

For my case I have spent the 3 years under both Tier4 General Student and Tier1 Post Study

Posted: Thu Nov 08, 2012 12:36 pm
by CR001
Do you have ILR??
3 years legal residence under any visa status except visitor visa.

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Posted: Thu Nov 08, 2012 12:41 pm
by karim_9876
Thanks, I've already checked the link you provided.

No I don't have ILR. I have only lived in the UK for 3 years now under the visas mentioned.

I understand that I need to have lived in th UK for 5 years before getting an ILR, isn't this the case?

Posted: Thu Nov 08, 2012 12:50 pm
by CR001
You will need ILR before you can apply for BC and the 3 years residence requirement is you have to be free of immigration control, i.e. ILR. So you can qualify for ILR after 5 years, then apply ILR and immediately after you received it, apply for BC as you would have been legally resident for 3 years then and married to a BC.

Re: Naturalisation, Spouse of a British Citizen -- Residency

Posted: Thu Nov 08, 2012 12:52 pm
by geriatrix
karim_9876 wrote:The question is: Under which visa category you should have spent the 3 years?
Any "lawful" stay is fine .... including time spent in UK as a visitor. If married to a British citizen, you may apply for naturalisation the day you are granted settlement.

Posted: Thu Nov 08, 2012 12:56 pm
by CR001
OP is tier 1 post study sushdmehta

Posted: Thu Nov 08, 2012 1:07 pm
by karim_9876
So the bottomline is that I have to have ILR to apply for BC even if I'm married to a British citizen.

For my case I've also learned that time spent under Tier1 Post-Study does NOT count, which leaves me with the only choice of switching to Tier2 and spendig another 5 years under that, then ILR.

So being married to a British citizen does not add anything to my residence status in the UK.

Posted: Thu Nov 08, 2012 1:35 pm
by Jambo
You can also switch to spouse visa (although this is also a 5 years journey).