Thank you @ksand24 for the clarification on docs!
I feel like I may have made a grave error. I apparently did SET(LR) instead of SET(M) for my ILR, granted in May 2021.
I have been married to a British citizen for nearly 8 years [omg where does time go], so I did my whole application under the impression of the 3 year route.
Have I really screwed this up?
No, you haven't screwed anything up.
Citizenship is not a visa application, so it doesn't matter on what basis you got your ILR.
All that matters is whether or not you are married to a UK citizen AT THE TIME you apply for citizenship.
- If you ARE married to a UK citizen, you have to show:
a) that you hold ILR (granted under any route)
b) you are married to a UK citizen
c) you have been resident in the UK for the last 3 years
d) you have not been outside the UK for more than 270 days in those 3 years (no more than 90 of those in the last 12 months)
- If you ARE NOT married to a UK citizen, you have to show:
a) that you have held ILR (granted under any route) for at least 12 months
b) you have been resident in the UK for the last 5 years
c) you have not been outside the UK for more than 450 days in those 3 years (no more than 90 of those in the last 12 months)
A couple of examples:
a) Person A has been living in the UK for 20 years and has held ILR for 15 years (SET(O)). They married a UK citizen 6 months ago. As they are now married to a UK citizen, they can apply for citizenship showing only 3 years of residency. However, if they had applied for citizenship before they got married, they would have had to show 5 years of residency.
b) Person B moved to the UK on a spousal visa 7 years ago and gained ILR (using SET(M)) 2 years ago. They have since divorced their UK spouse and are now single. As they are no longer the spouse of a UK citizen, they must meet the 5-year residency requirement.
c) Person C came to the UK as an unmarried partner of a UK citizen. They received ILR (SET(M)) last week. However, as they are not married to their UK partner, they must now wait another 12 months before they can apply for citizenship and will need to show 5 years of residency.