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ILR is required before citizenship can be applied for. ILR requires 5 years residence.Would anyone be able to advise the most efficient way of being granted british citizenship for someone who has entered on a spouse settlement visa Appendix FM?
As the person you appear to be asking about only recently entered the UK on a spouse visa, they would apply for an extension on FLR(M) no sooner than within 28 days before reaching 2.5 years or 30 months residence, counted from date of entry. Again, 5 years residence, from date of entry to the UK, is required for ILR and the same '28 days' concession applies, i.e. no sooner than within 28 days before reaching 60 months residence.How soon after being granted the Initial 2.5year entry clearence, may one apply for FLR(M), further more, how soon after may one apply for ILR, and how soon after that for british citizenship?
Thank you CR001.CR001 wrote: ↑Fri Sep 27, 2019 11:20 amILR is required before citizenship can be applied for. ILR requires 5 years residence.Would anyone be able to advise the most efficient way of being granted british citizenship for someone who has entered on a spouse settlement visa Appendix FM?
As the person you appear to be asking about only recently entered the UK on a spouse visa, they would apply for an extension on FLR(M) no sooner than within 28 days before reaching 2.5 years or 30 months residence, counted from date of entry. Again, 5 years residence, from date of entry to the UK, is required for ILR and the same '28 days' concession applies, i.e. no sooner than within 28 days before reaching 60 months residence.How soon after being granted the Initial 2.5year entry clearence, may one apply for FLR(M), further more, how soon after may one apply for ILR, and how soon after that for british citizenship?
There is NO fast track route to citizenship, however once they have ILR and are married to a British citizen and meet all the requirements based on 3 years residence (different to the ILR 5 years residence requirement), they can apply immediately for British citizenship.
No he cannot. He needs ILR first and that requires 5 years residence. ILR is mandatory for citizenship.kashmeregoat wrote: ↑Fri Sep 27, 2019 11:31 amThank you CR001.
Would I then be correct to assume the following?
Once FLR(M) has been granted, my spouse could apply for british citizenship 6months into FLR(M)? assuming by then there has been 3 years/36 months residence. And SET(M)/ILR will not be required.
Appreciate your responses.
Regards
Sorry, I am then struggling to understand the difference between the 3 years residence, and 5year ILR requirement?There is NO fast track route to citizenship, however once they have ILR and are married to a British citizen and meet all the requirements based on 3 years residence (different to the ILR 5 years residence requirement), they can apply immediately for British citizenship.
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.CR001 wrote: ↑Fri Sep 27, 2019 11:52 amThere is no 2 year route to ilr anymore, not since 8th July 2012. So previously it was a 2 year spouse visa and one year on ilr then citizenship.
Note that immigration rules (visas and ILR) are completely separate and independent of Nationality Act (citizenship) and each have different requirements.
Immigration rules are easy to change whereas nationality law is not. The 3 years residence if you are a spouse of a British citizenship doesn't change the 5 years residence required for ilr since 9th July 2012.
Citizenship based on 5 years residence which includes 1 year on ilr is based on Section 6(1) of the Nationality Act.
If a person is married to a British citizen, there is no requirement to wait 1 year on ilr and they apply based on 3 years residence which must include having ilr at the time of applying for citizenship based on Section 6(2) of the Nationality Act.
Yes.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.
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 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"
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.... 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..
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
Change this answer
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.
No. You’re getting it absolutely wrong!!!!!!!!! CR001 has accordingly explained it all.kashmeregoat wrote: ↑Fri Sep 27, 2019 1:12 pmI 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" ... 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..
Exactly! You’re welcomekashmeregoat wrote: ↑Tue Oct 01, 2019 12:08 pmSpouse Settlement Visa(2.5yrs) > FLR(M)(2.5 years), SET(M)(ILR)(do NOT wait 12 months), apply for Citizenship.
Could you please clarify from when to count the qualifying period of continuous residence - the UK spouse visa start date or from the day of the first entry to the UK?CR001 wrote: ↑Fri Sep 27, 2019 11:20 amAs the person you appear to be asking about only recently entered the UK on a spouse visa, they would apply for an extension on FLR(M) no sooner than within 28 days before reaching 2.5 years or 30 months residence, counted from date of entry. Again, 5 years residence, from date of entry to the UK, is required for ILR and the same '28 days' concession applies, i.e. no sooner than within 28 days before reaching 60 months residence.How soon after being granted the Initial 2.5year entry clearence, may one apply for FLR(M), further more, how soon after may one apply for ILR, and how soon after that for british citizenship?
1. You should ask your questions in your own topic instead of tagging onto another members thread!!kroketa wrote: ↑Sat Oct 19, 2019 8:58 pmCould you please clarify from when to count the qualifying period of continuous residence - the UK spouse visa start date or from the day of the first entry to the UK?CR001 wrote: ↑Fri Sep 27, 2019 11:20 amAs the person you appear to be asking about only recently entered the UK on a spouse visa, they would apply for an extension on FLR(M) no sooner than within 28 days before reaching 2.5 years or 30 months residence, counted from date of entry. Again, 5 years residence, from date of entry to the UK, is required for ILR and the same '28 days' concession applies, i.e. no sooner than within 28 days before reaching 60 months residence.How soon after being granted the Initial 2.5year entry clearence, may one apply for FLR(M), further more, how soon after may one apply for ILR, and how soon after that for british citizenship?
Somebody from the "UK Visas and Immigration contact centre" hotline (Telephone: 0300 123 2241) told me that the residence period should be counted from the day the spouse visa was granted, rather than when the spouse entered into the UK, as long as the entry took place less than 180 days after the visa's start date. This is for the ILR 5-year scenario for an applicant who is a current spouse of a British citizen present and settled in the UK.
The same HO person told me that the above is written in the HO guidance document "Indefinite leave to remain: Calculating continuous period in UK" - link immigration-for-family-members/spouse-s ... V6FVHsjMWF
On page 8, it indeed states that "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period."
If the start date is indeed counted from the day of entry then please point to the relevant document that states this.
Many thanks,
Cyril