Kentse1973

Has the residence requirements for British spouse changed from 5 years to 3 years recently under residence requirements 6(2)? I learnt from the below docs

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/632935/naturalisation-as-a-British-citizen-by-discretion-v1.0.pdf

spouse of scouse

It's still a minimum of 5 years before someone on a spouse visa can apply for ILR, and subsequently, citizenship.

The information in the link you posted doesn't apply to people under immigration control (eg spouse visa holders)

BritInParis

The requirement remains three years residence for spouses of British citizens and five years for non-spouses. You also need to have no time limit on your permission to stay in the UK.

What has changed is that previously a spouse visa would lead to ILR within two years. If you are free from immigration control (Right of Abode, etc..) then the three year rule still applies but in the vast majority of cases this has effectively raised the residence requirement to five years.

The only advantage is that a spouse of a British citizen can apply to naturalise immediately upon obtaining ILR after five years of residence whereas a non-spouse would have to wait a further year.

tinytim

Hi Brit in Paris,
not sure I follow your answer. My wife is on her second spouse visa i.e. we completed the first 2,5 years and she has now been in the U.K. for another half year, so in total three years. I am a British citizen and we married before coming to the U.K. Does this mean she can now apply for her British citizenship and the passport or does she have to complete the five years and can hence only apply in another two years?
Thanks.

BritInParis

Your wife will need to be granted Indefinite Leave to Remain before she becomes eligible for naturalisation. She will need to complete five years residence in the UK in order to eligible for ILR so she has another two years to wait.

tinytim

Thanks britinparis for coming back so fast!