We had an interesting conversation yesterday, maybe you can share some light on the subject. When an applicant receives ILR, do they need to wait for 12 months before applying for citizenship or is that requirement negated because I (partner of the applicant) is a British Citizen?
- If you are married to a UK citizen, you can apply for citizenship immediately after receiving ILR and do not have to wait 12 months.
- If you are NOT married to a UK citizen, you have to hold ILR for 12 months before you can apply for citizenship.
The citizenship residency requirements are:
If you are married to a UK citizen:- you must hold ILR
- you must have been in the UK exact 3 years prior to your citizenship application date (i.e. if you apply on 1st Jan 2020, you must have been inside the UK on 1st Jan 2017)
- you cannot have been outside the UK for more than 270 days in the last 3 years
- no more than 90 of those days can have been in the last 12 months before applying
If you are NOT married to a UK citizen:- you must have held ILR for at least 12 months
- you must have been in the UK exact 5 years prior to your citizenship application date (i.e. if you apply on 1st Jan 2020, you must have been inside the UK on 1st Jan 2015)
- you cannot have been outside the UK for more than 450 days in the last 5 years
- no more than 90 of those days can have been in the last 12 months before applying
When calculating the days outside the UK, you do NOT count the day you left or the day you returned to the UK, as you were physically inside the UK for part of those days... so, if you left on Monday and returned on Friday, that only counts as 3 days outside the UK - Tue, Wed and Thu.