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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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I am married to a British Citizen.We have been married for

Customer Question

I am married to a British Citizen.We have been married for about one year. He is a citizen by birth. We are currently not living in the UK because he currently works outside the UK. Can I apply for citizenship on the grounds that my husbands is a British citizen by birth and if so, how do I go about the application.

Thank you
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Clare replied 5 years ago.
No I am afraid that you will have to live in the UK for at least three years before you can make such an application.
Customer: replied 5 years ago.
Relist: Answer quality.
Expert:  Senior Partner replied 5 years ago.
The previous answer is quite correct. The fact that you are married to a British Citizen gives you no claim to naturalisation as British Citizen unless you live here or your husband is on Crown Service abroad. You need to be resident here for 3 years and not be absent for more than limited periods ( 90 days a year on average ) , you also need to be free of immigration restrictions. So to obtain a British passport you need to come here on a spouse visa. stay for the required period of 2 years to get unlimited leave to remain( unless you are eligible for immediate settlement because you have been married for some years) and then apply for naturalisation.

The rules are here:
Customer: replied 5 years ago.
how many years makes you eligible for immediate settlement? how long after immediate settlement do you qualify for naturalisation?
Expert:  Senior Partner replied 5 years ago.
If you have been together for 4 years outside the UK then you may be given immediate settlement on arrival in the uk but you still have to be resident here for 3 years to apply fro naturalisation

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