Usually, applying to naturalise too early means losing the Home Office fee of £1,330; with the person’s immigration status being unaffected. Where someone lodges a citizenship application before getting indefinite leave to remain, they risk becoming an overstayer.
Amongst those at risk of applying too early are people married to British citizens. This is because, in the spouse route to settlement, the qualifying period for citizenship is shorter than the indefinite leave to remain qualifying period (three years, not five).
Residence requirements for the spouses of British citizens
The British Nationality Act 1981 sets out the requirements for spouses of British citizens to naturalise. It includes a residence period: any person who applies for it—
- Must be in the United Kingdom at the beginning of a period of three years ending with the application date, and have been absent from the United Kingdom for no more than 270 days.
So it might appear that spouses qualify for citizenship after three years. However, applicants must be settled first. The applicant must have, on the date of their citizenship application, one or more of:
- a passport showing permission to remain in the UK permanently
- a Home Office letter showing permission to remain in the UK permanently
- a biometric residence permit showing indefinite leave to remain
- a certificate showing entitlement to the right of abode
- a permanent residence document under EEA Regulations
- Indefinite leave to remain granted under the EU Settlement Scheme.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
For advice on immigration issues, call Scarsdale Solicitors Rochdale, Scarsdale Solicitors Oldham and Scarsdale Solicitors Manchester. If you need the help of Rochdale Immigration solicitors, Oldham immigration solicitors of Rochdale immigration solicitors, Oldham immigration solicitors and Manchester Immigration solicitors, call today on 0161 660 6050.
