Karakc wrote: ↑Tue Aug 12, 2025 10:10 pm
Hi, Im wondering if anyone can help me with this. I am a British citizen and my husband is non-EU. He got settled status 3 years ago and he now wishes to apply for British citizenship. We didn't arrive in the UK via the usual spousal visa but via the Surinder Singh route since we were living in Spain together for many years. Is he ok to apply via the 3 year citizenship route as the spouse of a British person even though he technically entered the UK as the spouse of an "EU citizen" exercising their freedom of movement rights?
Route to ILR doesn't matter. Once your husband has ILR and 3 years of UK residence that is enough to apply for citizenship.
One more question - if we can indeed apply via the British spouse route do we need to demonstrate that we are still living together? We bought a house in Spain and I am moving there with the kids for at least a year while he works in the UK.
see below
Thank you for your help!
From the guidance
https://www.gov.uk/government/publicati ... accessible
Principal home in the UK
If applicants say their intention is to have their principal home in the UK, you should accept that they meet the requirement if they:
meet the residence requirements, without the need to exercise any discretion over excess absences other than up to 30 days
have an established home here
have been, or intend to be, absent from the UK for not more than 6 months
the absence was, or will be, clearly temporary
if it is an intended absence, we are satisfied they intend to return to the UK
they have maintained an established home here where any close family who have not accompanied them abroad have continued to live
there is no information to cast doubt on their intention, for example, either:
a partner who is or intends to live outside of the UK
a recent absence from the UK for a period of 6 months or more
Where it is proposed to exercise discretion to waive excess absences, you must be satisfied that the applicant has an established residence, family and a substantial proportion of any estate here. You should normally accept that situation will continue, and that the future intentions requirement has therefore been met, unless you have information that, since the date of the application, the applicant or their partner no longer has an established residence here or is planning to move abroad.
Where it is not certain that a residence has been established you must make enquiries to see whether there is evidence of a principal residence outside this country including whether the:
applicant or their partner owns property abroad
applicant’s family live abroad, either in the family home or elsewhere
Where there is such evidence, or your doubts cannot be resolved satisfactorily, you must refuse the application.
Information may also come to our attention that HMRC regard an applicant as domiciled abroad for tax purposes. In such cases, you must request the applicant’s permission to contact the HMRC. You should then ask the HMRC to provide us with a copy of the applicant’s completed ‘Domicile Enquiry’ questionnaire, which may throw some light on future intentions. If the applicant refuses permission, you must refuse the application.
The fact that an applicant’s spouse or partner is not applying for citizenship should not, of itself, be taken as evidence that the requirement is not met. In such a case, however, you should make enquiries of the applicant - whether the spouse or partner is resident abroad or whether there is any evidence that the spouse or partner intends to move abroad. The fact that a spouse or partner is living, or will shortly be living, abroad should not normally be taken as evidence that the requirement is not met if any of the following apply:
the couple are separated
the spouse or partner has applied for, and is awaiting, an entry clearance
you are otherwise satisfied that the spouse or partner intends to join the applicant here
it is clear the couple are content to live apart for the foreseeable future
If none of these reasons apply, and the information suggests that any applicant maintains, or intends shortly to maintain, their principal residence abroad, spends substantial periods with their spouse or partner and children abroad, the application should normally be refused.
You moving to a house you own jointly with your house in Spain doesn't look great for a citizenship application. You don't need to demonstrate you are living together currently but the fact you intend to go abroad for longer than 6 months in a house you own with your husband may raise eyebrows. Does your husband own significant estate abroad? Is the move something that can be postponed until your husband receives an outcome?
If not, you will need to demonstrate that you will definitely rejoin him in the UK, and that you are content to spend time apart (eg. you have done it before), maybe comment on the fact your husband has held the same job for a certain amount of years so he wouldn't just leave to reach you at the drop of a hat.
All advice comes from personal research and experience and should not be regarded as professional opinion.
