So, Spouse Visa(2.5 years), followed by FLR(M) (2.5 years), then as soon as ILR is granted, (12 months wait if NOT married to british citizen), can apply for citizenship.
Yes.
I guess then, the 3 years residence is obselete. Would be interesting to see an example of where this could be used.. Gov UK still advertise "3 years if married to a british citizen"
No it is NOT obsolete, it is still very relevant and is SEPARATE to the ILR requirements. Many members, myself included, have applied under Section 6(2) as the spouse of BC 3 years residence (was under the old 2 year spouse visa though) but many with 5 years spouse visa have also applied immediately after getting ILR and been successful. Citizenship and ILR are different rules completely. You are misunderstanding or misinterpreting.
... I wonder if the following situation would work...
Spouse Visa, FLR(M) 6 months in apply for citizenship, if its refused potentially take it to court? on grounds of 3 years residence? would the immigration rule here be overturned in respect of the law? Hmmm..
You are grasping at straws and will only end up losing money. You cannot appeal a refused citizenship application so 'taking it to court' will get you absolutely nowhere. You nee ILR which is governed by the Immigration Rules Appendix FM. Citizenship has a mandatory requirement to be 'free from immigration time restrictions', i.e ILR and citizenship is WHOLLY governed by NATIONALITY LAW and the British Nationality Act and NOT the immigration rules.
https://www.gov.uk/british-citizenship
If you moved to the UK
You may be able to apply for citizenship by ‘naturalisation’, depending on your situation.
If you’re eligible in more than one way you can choose which way to apply.
You’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.
You’ll also need to have one of the following:
indefinite leave to remain
settled status under the EU Settlement Scheme
a permanent residence document to confirm you have permanent residence status
https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner
If you do, you’ll be eligible to apply for citizenship immediately.
Find out if you can apply to settle in the UK
Start again
1What's your situation?
You're the family member or partner of a British citizen
Change this answer
2Did your family member or partner settle before they became a British citizen?
No
Change this answer
3What's your relationship to that person?
Partner
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4What situation are you and your partner in?
You're still with your partner
Change this answer
You can apply as the partner of a British citizen or person settled in the UK
You may be eligible for settlement (indefinite leave to remain) if your partner is:
a British citizen
settled in the UK
Your current UK visa must be based on being their partner - this includes being:
their husband or wife
their civil partner
in a relationship that’s like a marriage or civil partnership
You must prove you’ve been living together since your last visa renewal. You must also intend to continue your relationship after you apply.
Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.
If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.
If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.
If you’re not sure which route you’re on, check the letter you got from the Home Office when your ‘leave to remain’ was last approved.
