Inequality between British nationals and those naturalising

I may have this wrong but as I understand it say,

an individual from outside of the European union is applying for ILR after being here for the required time. They marry back in their home country shortly before applying and bring their new wife to the UK on a spouse visa. As a dependant their spouse can now also receive indefinete leave to remain alongside them.

vs

a british national, born or otherwise already naturalised, marries an individual from outside the European union who is currently living in the UK on a post-study worker visa (or another other for that matter). Now in order for the foreign individual to get ILR first they need to have further leave to remain FLR (M) for two years.

How has this situation come about that someone who is not even British can instantly get their wife ILR yet someone who is British has to wait two years.

Hopefully I have this mixed up somewhere as I'd really love to get my wife naturalised as soon as possible. Frustrating when a couple of my friends who aren't even British yet were able to bring their new wives over to ILR immediately.

Sichup wrote:... an individual from outside of the European union is applying for ILR after being here for the required time. They marry back in their home country shortly before applying and bring their new wife to the UK on a spouse visa. As a dependant their spouse can now also receive indefinete leave to remain alongside them.

This possibility indeed existed, e.g., for Work Permit dependants, the scheme which is obsolete now. The new Tier 1/2 scheme puts requirement on spouses of living together in the UK for 2 years to get ILR. So, all are equal now ("but some are more equal", as current WP holders can still benefit from the old rules).

Sichup wrote:Hopefully I have this mixed up somewhere as I'd really love to get my wife naturalised as soon as possible. Frustrating when a couple of my friends who aren't even British yet were able to bring their new wives over to ILR immediately.

ILR isn't the same as naturalisation, and your wife can be naturalised after living in the UK for 3 years, where anyone who isn't married to a British citizen would have to wait 5 years.

djb123 wrote:

Sichup wrote:Hopefully I have this mixed up somewhere as I'd really love to get my wife naturalised as soon as possible. Frustrating when a couple of my friends who aren't even British yet were able to bring their new wives over to ILR immediately.

ILR isn't the same as naturalisation, and your wife can be naturalised after living in the UK for 3 years, where anyone who isn't married to a British citizen would have to wait 5 years.

Good point, too!

Been trying to figure it out but as I understand it getting ILR is the pathway to naturalisation.

I was reading through the naturalisation guide and my wife ticks all the boxes, the only thing that I don't think she fulfils is the 'free from immigration time restrictions' (which I take means having ILR right?). I don't find it that clear, perhaps those who are married don't require freedom from time restrictions?

She has been in the UK since around 2003. On a student visa from 2003-2009 and work on a post study worker visa from Oct/09 up to now. Does time in the UK under a student visa count. Is it three years having been married or just that anyone married only has to have been in the UK for three years?

I mean if, as my wife, she does't have to be free from time restrictions, then I think we'd be able to go the naturalisation route immediately.

She needs to have ILR first.

Casa wrote:She needs to have ILR first.

and been in the country for 3 years. The amount of time she has been married (to a british citizen) is irrelevant - she could have got married the day before she applies for naturalisation.