Can both my spouse and I apply together with differing times on ILR?

[zennith]

Hi all,

My spouse and I are both Australian Nationals, and both of us:

• Have been in the UK for the past six years

• Originally entered the UK on Tier 2 (General) visas

• Have Indefinite Leave to Remain

• Got married 1 year ago in the UK

In terms of our ILR status:

• Myself: have held ILR for 12 months

• Spouse: have held ILR for 9 months

Given my spouse has not held ILR for twelve months yet, but she is married to me and has been in the country for the last six years, would we be able to apply for naturalisation together on the same application form, or do the spousal rules only apply if I had already been a British citizen (and as such I can apply now, but she should wait until 12 months has elapsed on ILR)?

Many thanks in advance if anyone has any guidance on this!

[alterhase58]

Given my spouse has not held ILR for twelve months yet, but she is married to me and has been in the country for the last six years, would we be able to apply for naturalisation together on the same application form, or do the spousal rules only apply if I had already been a British citizen (and as such I can apply now, but she should wait until 12 months has elapsed on ILR)?

Correct you must be British first - she could apply immediately once you are a British citizen (after the ceremony) which is preferable as she will be on the 3 year residency route.

[secret.simon]

To qualify for naturalisation before completing one year of ILR, the applicant (your spouse) needs to be married to a British citizen on the date of application, not at some future date.

So she needs to wait until she meets the five year requirement herself OR she can apply as the spouse of a British citizen on or after the date of your citizenship ceremony (which, given the slowdown with Covid, could easily be six-eight months away anyway).