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Applying for citizenship based on either standard or spouse

Posted: Tue Jan 01, 2013 8:06 am
by insomniac
Hello,

I have lived in the UK since April 2007 and have held ILR since June 2012. I've been married since November 2011 and my wife took British citizenship in June 2012 on the basis of exercising her EU settlement rights (originally a French citizen).

I have a couple of questions:

1.
If I understand the standard requirements (http://www.ukba.homeoffice.gov.uk/briti ... uirements/), one can apply for naturalisation after 5 years of residency.

However, since one only becomes eligible for ILR after 5 years, what is the purpose of ILR if one can apply directly for naturalisation? Also, is ILR status a required step before naturalisation?

2.
If I understand the spouse requirements (http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/) correctly, one can apply for naturalisation after 3 years of residency provided one is married to a British citizen.

How does one intepret this? Do I have to be married for 3 years to a British citizen, or do I have to be resident for 3 years and married at the time of application to a British citizen? My situation is that I've been resident for almost six years, married for 1+ year and my wife has been a British citizen for slightly more than six months.

Would appreciate any help.

Thank you.

Posted: Tue Jan 01, 2013 8:25 am
by John
You are married to a British Citizen and accordingly can make a section 6(2) ...... a 3-year qualifying period.

You do not need to be married to the British Citizen for 3 years in order to make such an application.

As regards your first question where you say "However, since one only becomes eligible for ILR after 5 years", let's just say a misunderstanding on your part. People on different immigration routes will have a different time requirement, before being eligible to apply for ILR.

Posted: Tue Jan 01, 2013 9:01 am
by Jambo
You are mixing immigration rules (visas, permission to enter/live in the UK) and naturalisation rules (becoming British citizen). They are not the same although one is required/leads to the other (ILR/PR is required for naturalisation).

I suggest you read - Citizenship FAQs - Common Questions - Read before posting.

Posted: Tue Jan 01, 2013 11:41 am
by insomniac
John wrote:You are married to a British Citizen and accordingly can make a section 6(2) ...... a 3-year qualifying period.

You do not need to be married to the British Citizen for 3 years in order to make such an application.
Thank you for that information. What was confusing me was whether I needed to be resident for 3 years independent of my marital status. That and the fact that my wife acquired citizenship after we got married.

Thanks for the clarification.