Non EU Spouse Route to Citizenship

Hi All,

Looking for some advise.

I am a UK Citizen and my wife is a Nigerian national.

We have been married for almost 5 years and we are currently on the second part of the 5 year spousal visa which is due to come to an end next year.

My wife was in the UK on a student visa for circa 3 years before she met me.

We are currently looking at doing the IDLR when the spousal visa runs out and then booking a citizenship appointment so she can become a British Citizen.

I have since come across a booklet online (Guide AN) and Booklet AN Naturalisation Booklet – The
Requirements (https://www.gov.uk/government/publicati ... en-form-an) which suggests there may be other ways for my wife to apply for British Citizenship which does not involve IDLR application and then Citizenship Application.

Is anybody able to advise (as she has been resident in the UK for 8 years (3 as a student and 5 as a spouse to a UK national) if she is able to directly apply now for citizenship or does she have to wait until the 5 year spousal visa runs out and then apply for IDLR and Citizenship?

Any advise greatly received

UKres1 wrote: ↑

Sun Aug 05, 2018 12:14 pm

she have to wait until the 5 year spousal visa runs out and then apply for IDLR and Citizenship?

Correct. Being settled in the UK (ILR/PR under the EEA Regulations/being an Irish citizen) is a requirement for naturalisation. As she is married to a British citizen, she can apply immediately after getting ILR. But she must get ILR before naturalisation.

Can you highlight the paragraphs which state that she can apply for naturalisation without ILR?

Hi,

The guide states:

"Do you qualify?
Naturalisation is not an entitlement and a decision can only be made to grant you
citizenship if you can demonstrate that you satisfy certain legal requirements and the
Home Secretary thinks fit to naturalise you.
The requirements for naturalisation as a British citizen differ depending on whether or
not you are applying on the basis of marriage or civil partnership with a British citizen.
A. If you are married to or the civil partner of a British citizen (section 6(2) of
the British Nationality Act 1981)
The legal requirements you should meet before you apply are that you:
• Are aged 18 or over when you apply
• Are married to or the civil partner of a British citizen on the date of application
• Are of sound mind, so that you understand the step you are taking (but see section
7 for those who are not of sound mind)
• Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
• Have sufficient knowledge about life in the UK
• Are of good character
• Have lived in the UK for a minimum of 3 years before you apply and meet the
following residence requirements:
4
The residence requirements:
• You must have been physically present in England, Wales, Scotland,
Northern Ireland, the Isle of Man or the Channel Islands on the day 3
years before the application is received by the Home Office.
For example, if your application is received on 05/01/2018, you should
have been physically present in the UK on 05/01/2015.
Most applications that fail do so because applicants have applied even though
they cannot satisfy the residence requirement to be present in the UK at the
beginning of the residential qualifying period.
• You must not have had more than 270 days outside the UK in the 3-year
period before making the application (but see the section on Absences).
• You must not have had more than 90 days outside the UK in the 12-month
period before making the application, (but see the section on Absences).
• You must be free of immigration time restrictions on the date of application
(see the section on Immigration Time Restrictions).
• You must not have been in breach of the immigration rules in the 3-year
period before making the application (see the section on Breach of
Immigration Law).
Some discretion may be exercised over excess absences and immigration
breaches if there are special circumstances. If you do not meet these residence
requirements but believe that there are special circumstances in your case, you
should explain them when you apply.
If you are in Crown service or specially designated service, or are married to or
the civil partner of a British citizen in Crown or designate"

It does not mention IDLR here?

There is nothing in the above that states IDLR required it seems to suggest that if you have been in the UK for a certain length of time then you can apply for citizenship? Or am I reading that wrong?