Route to Citizenship - Spouse of British Citizen

Hi,

Hope someone can help!

I am trying to understand the route to citizenship (naturalisation) for spouse of British Citizen.

Below is the guidance on UK Gov website. Appreciate if someone can help breakdown the portion highlighted in yellow - Whether they need to apply for ILR before Citizenship or they can go directly to citizenship (naturalisation) application after completing 3 years in the UK.
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You can apply for British citizenship by ‘naturalisation’ if you:
1. are 18 or over
2. are married to, or in a civil partnership with, someone who is a British citizen
3. have lived in the UK for at least 3 years before the date of your application

You can apply as soon as you have one of the following:
1. indefinite leave to remain (ILR) in the UK
2. ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
3. indefinite leave to enter the UK (permission to move to the UK permanently from abroad)
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Thank you.

An adult cannot naturalise unless they’re free from immigration time restrictions - e.g., they have ILR. Being married/CP to a British citizen simply means you can naturalise earlier e.g., no need to be free from immigration time restrictions for 12 months (just be free from immigration time restrictions) and no need to be resident for 5 years (instead it’s 3 years).

Thanks Amber for your response. So she should be able to apply for ILR after 3 years in the UK and Naturalisation immediately after receiving ILR. Somehow I was under the impression that you need to wait 5 years for ILR.

ganesh46 wrote: ↑

Wed Jul 20, 2022 12:12 am

So she should be able to apply for ILR after 3 years in the UK

No.

ganesh46 wrote: ↑

Wed Jul 20, 2022 12:12 am

Somehow I was under the impression that you need to wait 5 years for ILR.

Correct, unless she is eligible for ILR earlier under another category.

Using my experience as an American. A spouse visa is 5 years. You have settlement, then FLR(m) after 2.5 years, then ILR after 2.5 years. So although it says "after 3 years" it just means you can apply for citizenship immediately after obtaining ILR. When applying for citizenship you have to meet criteria dating back 3 years (rather than 5).

But, you definitely need ILR. You also need to show passing of the Life in the UK test which is performed at ILR also.

I'm not sure how different it is for Europeans etc.

Ben1989 wrote: ↑

Wed Jul 20, 2022 8:29 am

Using my experience as an American. A spouse visa is 5 years. You have settlement, then FLR(m) after 2.5 years, then ILR after 2.5 years. So although it says "after 3 years" it just means you can apply for citizenship immediately after obtaining ILR. When applying for citizenship you have to meet criteria dating back 3 years (rather than 5).

But, you definitely need ILR. You also need to show passing of the Life in the UK test which is performed at ILR also.

I'm not sure how different it is for Europeans etc.

The naturalisation requirements for EU citizens and their family members are the same as for everyone else. That is they must have EU Settled Status (ILR). The route to ILR is not relevant - you need it whether on naturalisation 3 or 5 year "route".

Ben1989 wrote: ↑

Wed Jul 20, 2022 8:29 am

I'm not sure how different it is for Europeans etc.

If you are European but are applying as a spouse of a British citizen, being European is irrelevant. Same time conditions apply.

Thanks Everyone for your responses.

We are not under Tier 1 Exceptional Talent or Entrepreneur to qualify for 3 year route.

So, we will need to apply for ILR after 5 yrs and Naturalisation immediately after.

Thanks again.