Applying for British Citizenship

[Ladyluggard1]

Hi All,
I have ILR and I was given Indefinite Leave to Enter from Abroad back in March 2020.
Back ground:
I came to UK in 2009 as a student, then as a spouse of Tier 1 General who is now British citizens since 2019. All my children are also British citizens now.
Home office had initially refused his application but after appeals he was granted indefinite leave and subsequently became British.
Me: I also received refusal and was advised to leave UK according to letter I received at the time in 2017. I left UK because I was heavily pregnant and had complications. I wasn’t allowed to use NHS etc. So I followed home office instructions and left UK.
After 3 years of appeals on both high court and upper tribunal I was granted indefinite leave to enter based on 10 years because Home Office admitted they made an error etc. I have been in UK since August 2020.
My Question:
Can I apply for British citizenship now as a spouse of a British citizen. Do I need to wait and meet three year rule as a spouse of British citizen. I have gaps in residence between June 2017 and March 2020 when I was granted indefinite leave to enter. Home Office already admitted that they were wrong in telling me to leave UK which caused me to have gaps.

[Ticktack]

Hi All,
I have ILR and I was given Indefinite Leave to Enter from Abroad back in March 2020.
Back ground:
I came to UK in 2009 as a student, then as a spouse of Tier 1 General who is now British citizens since 2019. All my children are also British citizens now.
Home office had initially refused his application but after appeals he was granted indefinite leave and subsequently became British.
Me: I also received refusal and was advised to leave UK according to letter I received at the time in 2017. I left UK because I was heavily pregnant and had complications. I wasn’t allowed to use NHS etc. So I followed home office instructions and left UK.
After 3 years of appeals on both high court and upper tribunal I was granted indefinite leave to enter based on 10 years because Home Office admitted they made an error etc. I have been in UK since August 2020.
My Question:
Can I apply for British citizenship now as a spouse of a British citizen. Do I need to wait and meet three year rule as a spouse of British citizen. I have gaps in residence between June 2017 and March 2020 when I was granted indefinite leave to enter. Home Office already admitted that they were wrong in telling me to leave UK which caused me to have gaps.

What a shame as this isn't your fault. However, I believe you still must have resided in the UK for 3 years with no more that 270days absence in total. 90 days in the last 12 months and physically present on the day 3 years before the application. Not sure there's a waiver to this.
The day you fulfil these other criteria, you can apply same day.

I guess I'll let the better experienced Moderators tell you if there's a different way out of this quagmire!

[secret.simon]

The requirement to be physically present in the UK at the start of the three year period immediately preceding the date of application is a mandatory requirement that the Home Office does not currently have the discretion to dispense with. So that requirement at the very least must be met.

So the earliest that you can apply would be August 2023, to meet the requirement above.

As for the other requirements, the Home Office approach generally has been that discretion can be used to dispense with *one* requirement if it is not met, but not multiple requirements.

[Ladyluggard1]

Thank you for the quick response.

Please can you expand on the following:

As for the other requirements, the Home Office approach generally has been that discretion can be used to dispense with *one* requirement if it is not met, but not multiple requirements.

[secret.simon]

Please can you expand on the following:

As for the other requirements, the Home Office approach generally has been that discretion can be used to dispense with *one* requirement if it is not met, but not multiple requirements.

If an application fails to meet multiple (more than one) requirements (such as absence in the last 90 days and absences in the last 3/5 years, which are two separate requirements, etc), it is more likely to be refused.

On the other hand, if only one requirement is not met (for instance, if the applicant met the 3/5 year requirement but not the 90 days requirement or the other way around), then discretion is likely to be exercised and the application granted.

[Ladyluggard1]

Thank you. I guess I have to wait till then.

[Ladyluggard1]

The requirement to be physically present in the UK at the start of the three year period immediately preceding the date of application is a mandatory requirement that the Home Office does not currently have the discretion to dispense with. So that requirement at the very least must be met.

So the earliest that you can apply would be August 2023, to meet the requirement above.

As for the other requirements, the Home Office approach generally has been that discretion can be used to dispense with *one* requirement if it is not met, but not multiple requirements.

Sorry to resurrect this. The actual date I entered UK with Indefinite Leave to Enter was 15th March 2020. However I left immediately to country of origin due lockdowns etc. My ILR biometric card date of issue is 25th June. Please is March 2023 or June 2023 that I can apply for Naturalisation once I have met the 90days and 270 days rule.

[Ladyluggard1]

Please if someone can clarify for me that would be great.

[vinny]

I think your three years would be started from 15 March 2023?

[Ladyluggard1]

Thank you. Very much appreciated.