Naturalisation under s6(1) rather than s6(2)

Old Oct 7th 2020, 10:01 am
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Default Naturalisation under s6(1) rather than s6(2)

Can a EU citizen married to a British citizen naturalise as British in their own right if they meet the requirements under s6(1) rather than s6(2) even if they have not exceeded the maximum permissible number of absences which is no more than 270 days in last 3years.
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Old Oct 7th 2020, 11:01 am
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Default Re: Naturalisation under s6(1) rather than s6(2)

No, they’ll be naturalised under S.6(2). Why do you ask?
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Old Oct 7th 2020, 11:19 am
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Default Re: Naturalisation under s6(1) rather than s6(2)

I'm asking on behalf of my cousin as he wants to naturalise in his own right under s6(1) and also because its not clear in the naturalisation guidance if you can or not.
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Old Oct 7th 2020, 11:32 am
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Default Re: Naturalisation under s6(1) rather than s6(2)

He’ll end up with the same citizenship. There’s no advantage with becoming a citizen under S.6(1) rather than S.6(2).
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Old Oct 7th 2020, 11:40 am
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Default Re: Naturalisation under s6(1) rather than s6(2)

Thank you Bip.
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Old Oct 7th 2020, 1:09 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

Hi Bip,

Could you please tell me why he can't naturalise under s6(1)?
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Old Oct 7th 2020, 1:39 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

Because they are married to a British citizen.

The requirements which an individual must meet vary slightly based on whether they are married or in a civil partnership with a British citizen. Where they are married or in a civil partnership with a British citizen they must meet the requirements of section 6(2) of the British Nationality Act 1981, anyone else is required to meet the requirements of section 6(1) of the British Nationality Act 1981.
https://assets.publishing.service.go...etion_v6.0.pdf
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Old Oct 8th 2020, 8:56 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

I've read it but it clearly doesn't say you can't naturalise under s6(1) if you are married to a Brit. Which seems there is a possibility you can choose to naturalise in your own right under s6(1). Infact it also states that a person married to a Brit can naturalise under s6(1) when you have exceeded the maximum permissible number of absences which is no more than 270 days in last 3years under s6(2).
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Old Oct 8th 2020, 10:06 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

Up to you chief but if you already knew the answer why bother asking?
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Old Oct 8th 2020, 11:34 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

I thought I'd pick your brain but unfortunately the response was unsatisfactory thats why. No hard feelings. Thank you again
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Old Oct 22nd 2020, 2:38 am
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Default Re: Naturalisation under s6(1) rather than s6(2)

It may not be the answer you wanted to hear but that doesn't mean it was incorrect. The Home Office guidance that states that an applicant for naturalisation who is married to a British citizen must meet the requirements under S.6(2); everyone else must meet S.6(1). I'm not sure how that could be anymore clear.
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Old Nov 10th 2020, 12:11 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

I hear you BiP. Thanks
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Old Nov 10th 2020, 1:35 pm
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Default Re: Naturalisation under s6(1) rather than s6(2)

Hi BiP,

Can a EU citizen rely on the date permanent residence was acquired(September 2019) after being granted indefinite leave to remain under the EU settlement scheme(May 2019)? Just for clarification the EU citizen do not have permanent residence card.
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