Naturalisation, Spouse of a British Citizen -- Residency Req

[karim_9876]

I understand you should have lived in the UK for 3 years before applying for British citizenship if you are married to a British citizen.

The question is: Under which visa category you should have spent the 3 years?

For my case I have spent the 3 years under both Tier4 General Student and Tier1 Post Study

[CR001]

Do you have ILR??
3 years legal residence under any visa status except visitor visa.

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

[karim_9876]

Thanks, I've already checked the link you provided.

No I don't have ILR. I have only lived in the UK for 3 years now under the visas mentioned.

I understand that I need to have lived in th UK for 5 years before getting an ILR, isn't this the case?

[CR001]

You will need ILR before you can apply for BC and the 3 years residence requirement is you have to be free of immigration control, i.e. ILR. So you can qualify for ILR after 5 years, then apply ILR and immediately after you received it, apply for BC as you would have been legally resident for 3 years then and married to a BC.

[geriatrix]

The question is: Under which visa category you should have spent the 3 years?

Any "lawful" stay is fine .... including time spent in UK as a visitor. If married to a British citizen, you may apply for naturalisation the day you are granted settlement.

[CR001]

OP is tier 1 post study sushdmehta

[karim_9876]

So the bottomline is that I have to have ILR to apply for BC even if I'm married to a British citizen.

For my case I've also learned that time spent under Tier1 Post-Study does NOT count, which leaves me with the only choice of switching to Tier2 and spendig another 5 years under that, then ILR.

So being married to a British citizen does not add anything to my residence status in the UK.

[Jambo]

You can also switch to spouse visa (although this is also a 5 years journey).