Naturalisation Through Marriage

[DalesLee]

I've been looking through the British Nationality Act 1981, specifically section 6, which allows for naturalisation application if married to a British citizen. I'm slightly confused, however, whether or not the three-year period of residency must be completed WHILST married for the full three years, or whether being in the country for three years already, but not being married for the full three-year period is sufficient? Apologies if I haven’t explained that particularly well.

The act isn't particularly clear on this (unless i haven't read it properly!), so i thought i'd ask anyone on here who's had experience with this.

Thanks in advance.

[sakura]

I've been looking through the British Nationality Act 1981, specifically section 6, which allows for naturalisation application if married to a British citizen. I'm slightly confused, however, whether or not the three-year period of residency must be completed WHILST married for the full three years, or whether being in the country for three years already, but not being married for the full three-year period is sufficient? Apologies if I haven’t explained that particularly well.

The act isn't particularly clear on this (unless i haven't read it properly!), so i thought i'd ask anyone on here who's had experience with this.

Thanks in advance.

Could you answer the following;
How long have you been in the UK, and in what capacities (visa types)?
What visa are you currently on (spouse visa?)?
How long have you been married?

This will help us provide a better answer.

[DalesLee]

We're not currently married, but it's something we want to do and have discussed, and in doing so we found out about this particular area. However, it's a tad confusing as i'm sure you'll know!

I'm the British citizen, my other half is not (US citizen). She's been over here for 2 years (2 years roughly 2 weeks ago) and she's on a student visa, which she's currently in the process of renewing, and she also has an option for another year in which to work.

Kind regards.

[John]

DalesLee, assuming the two of you get married, and to do that in the UK she will need to apply for and get a CoA ... a Certificate of Approval to Marry. Having got that, or got married outside the UK :-

• after the marriage apply for a 2-year spouse visa
• near the end of that 2-year spouse visa, apply for ILR ... indefinite leave to remain
• having got that ILR, given the time already spent in the UK, apply straight away for Naturalisation

So in two-and-a-bit years after the marriage she could be British.

[JAJ]

I've been looking through the British Nationality Act 1981, specifically section 6, which allows for naturalisation application if married to a British citizen. I'm slightly confused, however, whether or not the three-year period of residency must be completed WHILST married for the full three years, or whether being in the country for three years already, but not being married for the full three-year period is sufficient? A

There is no minimum marriage period.

[DalesLee]

Thanks for the replies, folks, they're much appreciated.

If there is no minimum requirement period, is the reasoning suggested by John the best to follow, or are the other options available?

Once again, thank you both for your input.

[DalesLee]

Thanks for the replies, folks, they're much appreciated.

If there is no minimum requirement period, is the reasoning suggested by John the best to follow, or are the other options available?

Once again, thank you all for your input.

[John]

Do appreciate that the path I set out is the only realistic one, given that time in the UK on a student visa does not count towards ILR, except as regards Long Residence applications, but does she really want to wait until she has been in the UK for 10 years?

Or if she converts to a Work Permit or HSMP, she would then need to wait a further 5 years.

As an alternative, question for JAJ and others, any problem trying to go the Ppron route even if she has just a student visa?

[Docterror]

John's suggestion is the usual one followed by most individuals. But since your partner has already been here for 2 years and you are married, you can get naturalised after the 3 years residency requirement is met but only outside the UK.

For details about how to do that, search for the 'ppron method' on this board and study it thoroughly and very carefully as it can be a bit complicated to understand at one go. But it can save the 2 years required to stay more on the spouse visa.

[Docterror]

As an alternative, question for JAJ and others, any problem trying to go the Ppron route even if she has just a student visa?

I remeber JAJ suggesting that even time spend under the EEA route,which is outside the immigration rules, is eligible. If so, the student visa stands a better chance as it is granted under the rules, shouldn't it?

[DalesLee]

I've just read up on the 'ppron method'.

If say, for argument's sake, that we marry within the next couple of months (with her on her student visa) and then apply through this route after the three year period, can anybody see any potential flaws in this? Having had a quick look through the method, i saw nothing about student visas so i'm a little weary of whether or not they hold as much 'legitimacy' as other vias.

Regards.