Naturalisation 5 years or 3 years?

[sjunejo]

Hi i am applying for my naturalisation but confused under which category I should be applying? I can apply under 5 years rules with no problem but recently my husband applied his naturalisation and got it so do I have to consider myself now married to British citizen (3) year rule? The problem is with 3 year rule my absences are counting to 310 which is 10 more than normal disregarded limit and I am scared they will refuse my application. With 5 year all requirements are met properly. Can anyone help clarify which category I lie in? Just to confirm I moved to UK in 2008 and I have been married to my husband for last 8 years.

Regards

[noajthan]

Hi i am applying for my naturalisation but confused under which category I should be applying? I can apply under 5 years rules with no problem but recently my husband applied his naturalisation and got it so do I have to consider myself now married to British citizen (3) year rule? The problem is with 3 year rule my absences are counting to 310 which is 10 more than normal disregarded limit and I am scared they will refuse my application. With 5 year all requirements are met properly. Can anyone help clarify which category I lie in? Just to confirm I moved to UK in 2008 and I have been married to my husband for last 8 years.

Regards

You can apply in your own right (5 years rule) or as the spouse of your BC spouse (3 year rule).

Make sure you have proof you were physically present in UK 5(/3) years (to the day) before the date of your application - depending on which option you shoot for, namely section 6(1) or section 6(2) of BNA.

[sjunejo]

Thanks for response. So how do I mention in my form that I want my application to be considered as 5 year rule? Section 6(1)?

[noajthan]

Thanks for response. So how do I mention in my form that I want my application to be considered as 5 year rule? Section 6(1)?

Caseworker should deduce that.

You can also mention it in the 'additional information' section of AN form if you wish.

And you will have to include marriage certificate which will be another clue.

[Noetic]

Make sure you have proof you were physically present in UK 5(/3) years (to the day) before the date of your application

I actually considered including a printout of my calendar with my application but other than CCTV camera evidence or similar how would one go about conclusively proving this?

[CR001]

Make sure you have proof you were physically present in UK 5(/3) years (to the day) before the date of your application

I actually considered including a printout of my calendar with my application but other than CCTV camera evidence or similar how would one go about conclusively proving this?

The OP is a non-EU citizen and the passport used and stamped to enter the UK will be sufficient to prove 'physically present'. Your application as an Swiss/EU citizen would be a bit different. Please continue in your own topic if you have one to avoid confusion (UK Immigration rules vs EEA/EU rules/directive).

[Noetic]

Please continue in your own topic if you have one to avoid confusion (UK Immigration rules vs EEA/EU rules/directive).

It was a merely rhetorical question since I've already submitted my application last month.

[noajthan]

Please continue in your own topic if you have one to avoid confusion (UK Immigration rules vs EEA/EU rules/directive).

It was a merely rhetorical question since I've already submitted my application last month.

The caseworker won't be so rhetorical when she comes to crosscheck your application - she will take it quite literally

[sjunejo]

I believe asking questions. So here it is one more easy one in the Former AN field 1.35 it ask for your partner's nationality? If my partner is dual national what would be the answer to this? British or his previous nationality? Or both?

[noajthan]

I believe asking questions. So here it is one more easy one in the Former AN field 1.35 it ask for your partner's nationality? If my partner is dual national what would be the answer to this? British or his previous nationality? Or both?

Both.
As mentioned, there's the additional information section to such add extra details at the end of the form if no space in the question box.