Spouse residence requirements

[GioKila]

Hi,

I obtained ILR through long residence route in 2022. I am currently applying for citizenship.
Wife has been on a spouse visa since 2022. As far as I understand there are no specific residence requirements in terms of number of days spent abroad when she applies for the ILR, but we obviously need to have lived together and not spent more than reasonable time apart. In my citizenship application I noted these residence requirements:
"You must not have:
- spent more than 270 days outside UK in the 3 year period, or 450 days in the 5 year period
- been outside the UK for more than 90 days in the last 12 months.."

I was surprised to see it again, since I have already met the residence requirements for the ILR.

So, is it safe to assume that when my wife qualifies for and gets the ILR, she will also need to have met the above same specific residence requirements for citizenship?

[CR001]

I was surprised to see it again, since I have already met the residence requirements for the ILR.

ILR is under the Immigration rules. Citizenship is completely separate under the Nationality Laws. Each have their own and separate/different requirements.

So, is it safe to assume that when my wife qualifies for and gets the ILR, she will also need to have met the above same specific residence requirements for citizenship?

Yes, it applies to everyone.

[contorted_svy]

ILR and citizenship are two completely different processes under different legislations, so the requirements may repeat or be different, they are simply separate.

Depending on when you get citizenship and your wife gets ILR, she will have to wait until you become a citizen (which is when you attend your ceremony) or after 12 months have elapsed from her ILR grant.

In the first case, she would be applying as a spouse of a British citizen, Section 6(2), therefore she can't have spent more than 270 days outside UK in the 3 year period. In the second case, she would be applying in her own right under Section 6(1) so she'd need to not have spent more than 450 days outside the UK in the 5 year period. In both cases, absences in the last 12 months leading up to the application must be less than 90.

[GioKila]

Thank you both.

It is an important distinction with 3-year and 5-year rules.