Application under Section 6 (1) of the BNA 1981 or 6(2)

[MariannaChris]

Hello everyone!

I obtained my ILR through TIER 2 route in 2018 but I've also have been married to British citizen since 2017. Should I be applying as a spouse of British person and show 3 years absence from the UK etc. (Section 6 (2) of the BNA 1981 or is it only for those who had spouse visa prior to ILR and I should stick to the rules of Section 6 (1) of the BNA 1981?

[CR001]

Should I be applying as a spouse of British person and show 3 years absence from the UK etc. (Section 6 (2) of the BNA 1981

Your choice.

or is it only for those who had spouse visa prior to ILR

No, never has been. The requirement is simply to be married to a British citizen. That is it. You could have applied for citizenship as soon as you got ILR.

and I should stick to the rules of Section 6 (1) of the BNA 1981?

Your choice.

Note that whichever you choose, you must have been physically present in the UK at the start of the qualifying period of either 3 or 5 years.

Note also that one route is no different to the other. Both routes gives you the same outcome.