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Apply for citizenship as a spouse to BC (already have ILR)

Posted: Mon May 31, 2021 10:14 pm
by Hass15
I have ILR as a refugee, I came to to UK early 2016 and had held Refugee Leave to Remain for 5 years, then applied for ILR settlement and got it in Feb this year. After getting the ILR, I then got married to a BC (last month). The question is do I have to wait 12 months (already three months passed now) to apply for citizenship or I can apply straightway?
Sorry this might be quite obvious to most people (including myself) but as applying for citizenship is a significant life event I need reassurance, and I don't see anything in the HO guidance that applies to my specific situation! they state that you can apply straightway if you are married to a BC and have lived 3 years, BUT if you are NOT married you need 5 years + 12 months after IRL - so there's no mention to weather the 3 years route is on the basis that you have got your ILR through marriage visa!
What confused me more is that a local legal adviser recommends that I should wait 12 months as they are also not sure!
Any help?

Re: Apply for citizenship as a spouse to BC (already have ILR)

Posted: Mon May 31, 2021 10:54 pm
by CULLINAN
You can apply now as per Section 6(2) BNA 1981 since you are married to a British Citizen.

You only need to meet 3 years residence requirement in your case (not 5 years).
Your route to ILR is immaterial.

Note, you should not have any illegal entry in UK or any overstay period for the last 10 years though.

Also make sure you understand all other AN requirements for example residence, physical presence in UK at the start of the qualifying period, good character etc.

Re: Apply for citizenship as a spouse to BC (already have ILR)

Posted: Mon Jun 07, 2021 11:23 am
by Hass15
Thanks a lot!