Passport requirements

[bswootton]

I am a UK citizen and my partner is non-EU.

We always understood that she could apply for the British Passport 1 year after ILR.

However, this link implies differently if we are married:

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

She arrived in the UK in 2005 on a student visa, was granted ILR in September 2012, and in December 2012 we will be getting married.

As she has been here for 7 years, the above link reads as though she has met the 3 year residency requirement and will be free to apply for the passport as soon as we are married.

Is this the case or are we missing something!?

Thanks in advance

[bswootton]

Just read the FAQ after posting..... It appears we are a pretty cut & dry case of the second paragraph here.... Sorry I should have read this first. Great news!

Q1: I was just granted ILR, when can I apply?

If not married to BC, the standard requirements need to be met. This includes holding ILR for at least 12 months before applying.

If married to a BC, you can apply the same day you are granted ILR if you meet the spouse requirements which includes 3 years residence. Any legal stay in the UK counts.

[Lucapooka]

The requirements are different for standard applicants and applications from the spouses of British Citizens.

Without being married to you she is eligible for ILR in Sept 2013. Her eligibility would be based on 5 years residence and having held ILR for one year.

If she were married to you she would be eligible immediately. Her eligibility would be based on 3 years residence and having ILR (but no requirement to have held this for 12 months).