British citizenship after 3 years route

[samuk_83]

Thanks for letting me join and post!!

Respected Members,
Great confusion on getting British citizen for my current spouse on 3 year route!!
I am a British citizen living in the Eu member country for nearly 6 years now. Had been in relationship wih my wife for last 5 years to whom we married last month and have a 2 year son. All these years we have lived together. My son got British passport holder.
Been through the gov.uk website and even the document that I downloaded from the gov website regarding the documents I need like Certificate of no impediment inorder to marry abroad that doc said as follows ''Naturalisation of your partner if they move to the UK
Your partner can apply to become a British citizen (https://www.gov.uk/becoming-a-britishci ... sh-citizen) once they’ve lived in the UK for 3 years''
We are thinking to move to the UK in this month and I am really confused on how she woud be able to apply after 3 years?? Inoder to apply for British citizenship one needs to have Indefinite leave to remain (ILR) either needs to have a settled status based on Eu citizen 5 year settlement scheme etc. SO how this 3 year route works, I am unable to finder how e EU member as a spouse of British citizen be able to apply for ILR before 3 years. Am i missing something or unable to loacate it on the website??
Regards
Sam

[CR001]

She needs ILR/PR. In order to get ILR and PR, she needs 5 years residence in the UK. Once she has ILR/PR, only then can she apply for citizenship.

The 3 year rule for spouse of BC citizenship stems from when a spouse visa was issued for 2 years, plus 1 year on ILR, pre July 2012, but the rule still applies based on 3 years residence which must include ILR/PR which takes 5 years though.

[samuk_83]

She needs ILR/PR. In order to get ILR and PR, she needs 5 years residence in the UK. Once she has ILR/PR, only then can she apply for citizenship.

The 3 year rule for spouse of BC citizenship stems from when a spouse visa was issued for 2 years, plus 1 year on ILR, pre July 2012, but the rule still applies based on 3 years residence which must include ILR/PR which takes 5 years though.

Thanks for reply. That is in case of the people needing the entery visa, I guess. As she is already member of EC she will on her on rights be elligible for applying for settlement after 5 years of excercising her community rights and 12 months after that she coud naturalise on her own, so the question is why does the UK gov website even in their latest document for Marriage in another member state clearly write that Spouse could naturalise after 3 year of them living in the uk. This is the reason is suspect there could be a faster way to get ILR. So what difference does the marriage to a British citizen make in this case?? It will take same time to naturalise for an EU citizen then???

[CR001]

So what difference does the marriage to a British citizen make in this case??

The difference is that a spouse of a British citizen does not have to wait 1 year on ILR before applying for citizenship. As soon as they have ILR/PR, they can apply for citizenship. If they are NOT married to a British citizen, they have to wait 1 year on ILR/PR before they can apply.

As I have already stated :

The 3 year rule for spouse of BC citizenship stems from when a spouse visa was issued for 2 years, plus 1 year on ILR, pre July 2012,

Nationality law is more difficult to change than immigration rules, so the 3 year spouse of BC has never been changed and remains in place. But there is no shortcut for anyone anymore.

[samuk_83]

So It means I was misinterpretting the 3 year route. Thanks for your input!!
So before marrying I was reading something about 4 years relation for unmarried or same sex partner scenario in which one could apply for Indefinate leave to ENtry(ILE) from outside UK. Would that might have been a better option or that did not include EC members?? Also long time ago there was an option of if British citizen married and lived abroad and cohabited as a family the spouse had an option of applying ILE or ILR upon arrival or I am wrong?? . I would think that for me to move back to the UK before the 29th of march 2019 is better option then after as for now my mrs and step daughter would be moving as members of EC but after the cutt off date in case of no deal scenario we might end up applying for entery clearnces etc and visa fees?? Another question-Does the NIN that we got back in 2015 for my wife when she was in the Uk with me for around 60 days make any difference for her to be able to apply for settled status etc. She never lived in the Uk nor worked in UK??

[CR001]

So before marrying I was reading something about 4 years relation for unmarried or same sex partner scenario in which one could apply for Indefinate leave to ENtry(ILE) from outside UK. Would that might have been a better option or that did not include EC members??

This provision is no longer applicable and was withdrawn in July 2012. It was for married couples not unmarried partners by the way.

Also long time ago there was an option of if British citizen married and lived abroad and cohabited as a family the spouse had an option of applying ILE or ILR upon arrival or I am wrong??

Yes, removed in July 2012 and no longer relevant.

I would think that for me to move back to the UK before the 29th of march 2019 is better option then after as for now my mrs and step daughter would be moving as members of EC but after the cutt off date in case of no deal scenario we might end up applying for entery clearnces etc and visa fees??

They can move now and the mother can look at applying for the pre-settled status.

Another question-Does the NIN that we got back in 2015 for my wife when she was in the Uk with me for around 60 days make any difference for her to be able to apply for settled status etc. She never lived in the Uk nor worked in UK??

NI number has nothing to do with immigration. It is for work and benefits etc.