Non EU spouse

[SHILPA123]

Hi Guys,

I am a British national married to non EU spouse who will complete his 5 years here in the UK with me next year in March and qualify for ILR. Will he be eligible to apply for British citizenship straight away after gaining ILR or will he have to wait for 12months?

Many thanks

[CR001]

Will he be eligible to apply for British citizenship straight away

Yes, provided he meets ALL the requirements to apply based on 3 years residence, including being physically present in the UK at the start of the 3 year period.

[bluebird12]

CR001 What do you mean by being physically present in the Uk at the start of 3 years residency period ? In regard to OP post , when he gets ILR in March 2018 and for example if he has travelled abroad for 2 months on March 2015 and than came back in UK on May 2015 does this mean he is not physically present in Uk at beginning of 3 years residency period and he does not meet requirements on this particular point and does he have to complete extra 2 months OR 12 months after having ILR in order to complete 3 years residency period ? Could you please clarify it ? Many thanks

[bluebird12]

I really do appologize to member SHILPA123 for hi-jacking his thread and posting my own particular question to CR001 because I am also in same situation, I have travelled abroad for 6 weeks at the start of 3 years qualifying residency period but my 3 years residency date start on 17.07.2016 and I travelled/ departed from UK on 23.07.2016 just almost one week difference , does this mean I am Not physically present in the UK at the beginning of 3 years qualifying residency periods ? Many thanks for your kindly help in advance

[Tea_Rocket]

CR001 What do you mean by being physically present in the Uk at the start of 3 years residency period ? In regard to OP post , when he gets ILR in March 2018 and for example if he has travelled abroad for 2 months on March 2015 and than came back in UK on May 2015 does this mean he is not physically present in Uk at beginning of 3 years residency period and he does not meet requirements on this particular point and does he have to complete extra 2 months OR 12 months after having ILR in order to complete 3 years residency period ? Could you please clarify it ? Many thanks

"Physically present in the UK means at the start of the three year residency period" means that if you count back three years from the date of the application, the applicant must have been in the UK on that date for the application to be valid. In the example you give, if the OP's husband gets ILR on 1 March 2018, but wasn't in in the UK from 1 March 2015-1 May 2015, then he has to wait until 2 May 2018 before he can apply for citizenship because that's the first day that he fulfils the physical presence requirement.