Is it possible to naturalise in their right under s6(1) rather than s6(2)?

[Dier]

Asking on behalf of a friend.




Is it possible for a EU citizen married to a British citizen to naturalise as British under s6(1) in their own right if they meet the requirements rather than s6(2)?

[alterhase58]

Yes - no issue - done it myself (at the time didn't know about the distinction....).
You will still be asked whether you are married and if so state details of spouse.

[vinny]

Possible.

[alterhase58]

Just wondered - checked my Certificate and it states 6.2 - I did supply everything required for 6.1!
It won't matter though once you are British.

[Dier]

Thanks for you quick replies Alterhase58&Vinny.


(1) So is it only when you have exceeded the maximum permissible number of absences which is no more than 270 days in last 3years that you are only able to naturalise under s6(1)?

(2) Can you choose to naturalise under s6(1) even if you’ve not exceeded the number of absences (270days) In last 3 years?

[CULLINAN]

If you will input your spouse nationality in the form, the form will automatically assume that you are applying under Section 6(2) and generate the checklist accordingly.
Make sure you write a cover letter and explain this. And clearly mention that you want to be considered under Section 6(1) instead.
Both sections have different residence and documentary evidence requirements.

[CULLINAN]

Thanks for you quick replies Alterhase58&Vinny.


(1) So is it only when you have exceeded the maximum permissible number of absences which is no more than 270 days in last 3years that you are only able to naturalise under s6(1)?

(2) Can you choose to naturalise under s6(1) even if you’ve not exceeded the number of absences (270days) In last 3 years?

Section 6(1) : You will need to prove 5 years of residence. Not more than 450 days outside UK in last 5 years. Not more than 90 days outside UK in last 1 year. Physically present in UK at the start of the qualifying period.

Section 6(2) : You will need to prove 3 years of residence. Not more than 270 days outside UK in the last 3 years. Not more than 90 days outside UK in the last 1 year. Physically present in UK at the start of the qualifying period.

For Section 6(2) you will meed marriage certificate and spouse British passport copy.

Date of application is the date you pay and submit. Calculate your eligibility accordingly and choose which section you want to go for.

[Dier]

Thank you Cullinan.

Could the forum pros(Cr001&Secret.simon) help figure this out please?

[CR001]

Thank you Cullinan.

Could the forum pros(Cr001&Secret.simon) help figure this out please?

You have already been given the relevant information and moderator vinny provided a link, copied below again. Unclear what else you are looking for.

Possible.

It makes no difference which section you apply under as they both end with the same thing.

[Dier]

I’ve read vinny’s link and I already know it’s possible to naturalise under s6(1) if you‘ve exceeded the maximum permissible no. of absences (270days) in last 3years under s6(2). Obviously I clearly asked further question above- if you can choose to naturalise under s6(1) even if you’ve not exceeded the number of absences (270days) in last 3years under s6(2) as its unclear if you can in the Naturalisation guidance.

[vinny]

I don’t think that there is anything to stop you, if you satisfy the relevant requirements of whichever sub-section you choose.

[Dier]

Thanks again Vinny. Much appreciated