Page 1 of 1

Naturalisation - Section 6(1) or 6(2)

Posted: Thu Apr 25, 2019 11:11 pm
by Anthony2
Just wondering when applying for Naturalisation what section are we applying under.
Both examples are after obtaining ILR through the spouse visa route.

If someone has held ILR for over 12 months then is the application made under the 5 years residence and their approval would be under section 6(1).
If someone with ILR applies before the 12 months because their spouse is a British citizen then is that made under the 3 years residence and come under section 6(2).

If the above is true then isn't citizenship under section 6(1) better because then it is passed on automatically to children born anywhere in the world.

Apologies if I am talking nonsense, just got me thinking as I was reading through the Naturalisation guide.

Re: Naturalisation - Section 6(1) or 6(2)

Posted: Fri Apr 26, 2019 6:23 am
by CR001
Both give the same end result, British otherwise than by descent.

And both can be passed on to children born abroad.

Re: Naturalisation - Section 6(1) or 6(2)

Posted: Wed May 29, 2019 12:31 pm
by Anthony2
CR001 wrote:
Fri Apr 26, 2019 6:23 am
Both give the same end result, British otherwise than by descent.

And both can be passed on to children born abroad.
Thanks, I got confused with the holding IRL for 12 months or over.

It seems that if your spouse is a British citizen then the Naturalisation application is always considered and made under the 3 years residence rule, even if you have held IRL for many years.
I originally thought it was only if you applied before the 12 months.