Query around application form for Naturalization

[sk1984]

Hi Gurus,

My wife has completed 7 years in UK. She was on spouse visa. She is apply for British Citizenship. We don't want to use "Apply British Citizenship as a spouse" as she has more holidays in 3 years. We are looking to apply for citizenship as "apply for citizenship with ILR". Unfortunately, I think form is same for both case. How is home office going to distinguish it ? If they consider under spouse case, definitely our naturalisation application would be rejected due to excess holiday.

Spouse : https://www.gov.uk/apply-citizenship-spouse
After ILR : https://www.gov.uk/apply-citizenship-in ... -to-remain

Any inputs on this would be great.

[contorted_svy]

Are you a British citizen? If the answer is yes, your wife falls under Section 6(2) of the British Nationality Act and therefore has a qualifying period of 3 years, I don't think you get to choose. She can apply, but will need to ask to exercise discretion if her absences exceeded 270 days in the last 3 years.

Read page 10 of the AN guide for more guidance on absences, what amount is disregarded and under what circumstances https://assets.publishing.service.gov.u ... _06.07.pdf

And page 15 of the Nationality policy https://assets.publishing.service.gov.u ... retion.pdf

[alterhase58]

There is only one AN form for all circumstances.
It's not compulsory to apply as spouse of a British citizen (three year residence period).
Applicant just fills in data for the five years residency period, and doesn't have to provide evidence of marriage, no issue (from my personal experience).