Help: Apply based on ILR or PR and when?

[mmumpitz]

Hi - I'm a bit confused about the different options to apply for naturalisation and when and would appreciate help.

My wife is Argentinian and would like to become a British citizen. I am an EU national.

- She arrived in the UK in October 2007, I in January 2008. We've both been in good standing, full employment and been living in the same household since then
- In 2009, we spent July-December (~180 days) outside the UK (not work-related but we stayed employed in the UK during that time)
- In March 2011 we got married
- In October 2014 she received her ILR

When can she start the application process for naturalisation and on what grounds?

(a) In October '15, one year after receiving ILR?
(b) Now, based on living in the UK for >7 years and being married to an EU national (thus receiving PR automatically)? However, we got married only in March '11 and left the country for 6 months in end of '09.

Option (a) seems to be the default option. For various reasons, we would like her to become a citizen as quickly as possible, so I'm wondering if option (b) is feasible?

Any pointers appreciated, thanks!

[Wanderer]

Option b is not feasible since she is on UK immigration route, not EU one.

[secret.simon]

On what basis did she receive her ILR in October 2014?

I do not agree with Wanderer that she can not apply under EEA Regulations. As the spouse of an EU citizen, I believe that the rights under EEA Regulations flow automatically.

But she may be better off applying in her own right, on the basis of her ILR.

For Option (b), you will need to spend time organising your paperwork. For instance, can you prove a durable (more than two years) relationship before your marriage? That is when (I believe) the PR countdown would have started. You will need proof of the relationship (Skype call logs, mobile call logs, email/chat logs, etc) to predate the relationship to before the marriage.

Organising that proof may take more time than waiting for the four months to October 2015

[Julian11]

Option a would be the easiest and most straightforward.

I would then go for option B for yourself and get your citizenship too, based on having 5 years in the UK. Count the exact number of (full) days you were gone in 2009 because if it doesn't hit 180, you can apply as you'll have five years of continuous treaty rights exercise plus a year of PR already. Otherwise you can apply in January after 5 years of treaty + 1 PR, or immediately after your wife gets citizenship (whichever comes first), as you would then not need the 1 year under PR.