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I acquired BC citizenship by naturalisation in 2019. My partner acquired ILR the same year. My partner wishes to naturalise as a BC but because they have been outside the UK for long periods of time in the recent past, they currently meet the residency rules for the 5 year route but not the 3 yr route (partner of BC).

Will they have a choice as to which route they would like to apply through? Or will being partnered with a BC deem them only to be eligible for the 3 year route?

Your partner is on the 3 year route and should time his/her naturalisation application so as to comply with the absence rules

from Guide AN:

• You must not have had more than 270 days outside the UK in the 3-year period before making the application (but see the section on Absences from the UK).

Your partner has a CHOICE to apply as per Section 6(1) BNA 1981 (own right as she has held ILR for 12+ months) OR Section 6(2) BNA 1981 (married to a British Citizenship).
Both sections have their own requirements.
Yes she can apply as per Section 6(1) BNA 1981 in her own right but she will have to meet 5 years residence. Not more than 450 days outside UK in last 5 years and not more than 90 days outside UK in last 1 year. She must also be present in UK at the start of the 5 year qualifying period.

Important Note:
Once she will input YOUR Nationality as British in the AN online form, the form will automatically assume she is applying as being married to a British and generate marriage certificate and your British Passport copy in the checklist. However, if she applies in her own right as per Section 6(1) BNA 1981 she does NOT need any of the above proof. She can simply clarify at the end in the notes and cover letter that she wants her application to be considered as per Section 6(1) and NOT Section 6(2) and she does not need any marriage or your British passport proof either.

The best is to declare your British Nationality in the cover letter only and mention your other nationality in the AN form so the checklist is generated accurately for her if she plans to naturalise via the Section 6(1) BNA 1981 OR clarify as stated in the para above if you declare your British Citizenship in the AN form. Also she should input 5 years absences from UK in the online form and meet requirements as per Section 6(1).

Thanks for the advice! The online form does ask if you meet the residence requirements- we were planning on writing that the requirements are not met by the 3 year route but were met by the 5 year route.

peacock69 wrote: ↑

Thu Mar 18, 2021 10:23 pm

Thanks for the advice! The online form does ask if you meet the residence requirements- we were planning on writing that the requirements are not met by the 3 year route but were met by the 5 year route.

You do not have to write this. Make up your mind which Section you want to apply. It is the applicant’s choice. Meet the requirements as per that Section and clarify in the cover letter to be considered under that Section. If you meet the requirements as per Section 6(1), declare in the form that you DO meet the 5 year requirements. No need to mention that you do NOT meet the 3 years requirement in this case.

PS The cover letter is only needed due to the form by default assuming otherwise. Otherwise IF someone was not married to a British Citizen, no cover letter would be needed.

My wife is British but I Naturalised via Section 6(1) BNA 1981 instead.

We applied stating:

Do you have any other details that you would like to be considered regarding this applicant and their application to be registered as a British Citizen?

I wish to naturalise in my own right via Section 6(1) BNA 1981 [and NOT via Section 6(2) BNA 1981]

The application was successful! Thanks for the guidance.