Form AN6(2) instead of AN6(1)

[teawithlemon]

Recently I have applied for Naturalisation application under 10 years long residency+1 year 2 months Indefinite Leave to remain. I got my ILR under 10yrs long residency. But my wife is British and we got married after my ILR. But on the acknowledgement letter home office sent me they mentioned their reference AN6(2) + ceremony. I know AN 6 means Adult Naturalisation under british naturalisation law section 6. But in acknowledgement letter they should have written AN6(1) as I qualify for naturalisation under 5 years residency+ 1 year ILR. Do you think by mistake they will consider my application under AN(2) . Neither I sent my wife British passport , birth certificate and nor even our marriage certificate as that is not requirement in my case as I got ILR under long residency. Please advice me as if they consider my application under AN6(2) then it will be disaster as Im married with british citizen just about a year. Thank you.

[Jambo]

First, it doesn't matter how long you have been married or what route have you obtained ILR. If you are married to a BC on the day of application (even just one day), you can apply under 6(2).

Would it change your eligibility if your case is examined based on 6(2) requirements? (3 years residence, less than 270 says of absence) ?

I suspect they examined your application, saw from the form that your wife is British and assumed you applied as married to BC without examining the evidence you provided. Once a case worker would examine the application he will see that you have not provided evidence to be considered under 6(2) and examine you under 6(1).

[teawithlemon]

First, it doesn't matter how long you have been married or what route have you obtained ILR. If you are married to a BC on the day of application (even just one day), you can apply under 6(2).

Would it change your eligibility if your case is examined based on 6(2) requirements? (3 years residence, less than 270 says of absence) ?

I suspect they examined your application, saw from the form that your wife is British and assumed you applied as married to BC without examining the evidence you provided. Once a case worker would examine the application he will see that you have not provided evidence to be considered under 6(2) and examine you under 6(1).

My ILR was granted 27/02/2012 and since April 2007 ( last 6 years )to until today I havent been outside UK. My naturalisation application date was 1st May 2013. And got acknowledgement letter yesterday dated 09/05/2013. And May 2012 was date of our marriage. As you said it doesnt matter how long Im married to a british citizen then does it mean even under section 6(2) Im eligible fully ? As much as I know that a person has to be in civil partnership or married atleast 3 years to qualify under section 6(2) as i fullfill all other requirements under section 6(2) apart from the fact that im married to a british citiz only a year. But under section 6(1) i fullfill 100 percent requirements. And there is only one AN form. What is your best suggestion brother. Do you think I should sent a recorded forward letter to home office or actual caseworker will understand the fact . Thank you.

[Jambo]

6(2) means - married to British citizen. Period. 3 years of residence. Period. Not that you need to be married for three years.

You could have applied from the day of your marriage.

Anyway, I suspect this is just an administrative error because they just examined the nationality of your wife without actually looking into the evidence you provided. It should be fine once the application is properly examined. I would not worry about it.

[teawithlemon]

6(2) means - married to British citizen. Period. 3 years of residence. Period. Not that you need to be married for three years.

You could have applied from the day of your marriage.

Anyway, I suspect this is just an administrative error because they just examined the nationality of your wife without actually looking into the evidence you provided. It should be fine once the application is properly examined. I would not worry about it.

THANK YOU BRO, I wish I knew this rules. But only reason I didnt thinl about it as my friend and also online post - ILR has to be 1 year old prior to naturalisation application ?

[ban.s]

THANK YOU BRO, I wish I knew this rules. But only reason I didnt thinl about it as my friend and also online post - ILR has to be 1 year old prior to naturalisation application ?

That's not required for spouses (or civil partner) of a BC. All you need is an ILR at the time of application - even if it's just a day old.
Anyway, good luck.

[teawithlemon]

THANK YOU BRO, I wish I knew this rules. But only reason I didnt thinl about it as my friend and also online post - ILR has to be 1 year old prior to naturalisation application ?

That's not required for spouses (or civil partner) of a BC. All you need is an ILR at the time of application - even if it's just a day old.
Anyway, good luck.

Thank you. I have wrote them a cover letter today. and mentioned that I thought they will consider my application under AN(1). And also attached my wife's passport and our marriage certificate with cover letter so now its up to them whatever way they want to consider an(2) or an(1). I sent all the orginal documents to the address on acknowledgement letter by special delivery. I have made things crystal clear now. Hope they grant my application.

[pragneshmpatel]

hi what happened in the end?
i have same problem. my wife applied with 5 year resident for AN -1 . did not included Marriage certificate & my passport.
so curious what will happen now.