Section 6(1) or 6(2)

[VirtualWaver]

Hi Guys,

I received my citizenship certificate 2 days ago.

Now, my wife wants to apply for naturalisation too (she has ILR since 2018).

Now, it is a bit unclear on which section she will qualify to: 6(1) or 6(2)?

6(1) specifically says "not married to British Citizen" whilst 6(2) says "married to British Citizen". Technically, it is automatically 6(2) but we ideally want to apply under 6(1) to avoid providing unnecessary additional paperwork (marriage certificate, etc) that might be required for section 6(2), but the online system doesn't allow to select the type.

How to proceed with this? Shall she write a cover letter explaining she wants to apply under section 6(1)? Or will the online system automatically decide she is applying under 6(2) because she mentions her husband is British?

Will appreciate some insights on this. Thanks.

[VirtualWaver]

To add additional details:

The system automatically decides she is applying as a spouse of British citizen (6(2)) and asks for extra documents (marriage certificate, my citizenship certificate, etc). This is probably because she mentioned in the online form that her husband is British (it has that question there).

How to proceed with this? Shall she write a cover letter explaining she wants to apply under section 6(1)? It is bizarre she could apply earlier without having to provide all this extra paperwork and applying on her own right whilst she seems to be now forcefully pushed to apply as a spouse of British citizen under section 6(2) without having a choice to apply on her own rights.

Not sure how to proceed with this. Thanks.

[AmazonianX]

Even though married to British and she mentioned in form, by not providing evidence of being married to a BC application will be considered under 6(1).
Providing an explanation of this to CW as you intend wouldn't hurt.

[VirtualWaver]

Even though married to British and she mentioned in form, by not providing evidence of being married to a BC application will be considered under 6(1).
Providing an explanation of this to CW as you intend wouldn't hurt.

So she basically need to not select the boxes next to entries related to BC in supporting documents page (marriage certificate, naturalisation certificate, etc) and only provide a cover letter and supporting documents for 6(1)? Any idea on what she should write in the cover letter - like she doesn't want to apply under 6(2) because she just doesnt want? Wouldn't it be a bit suspicious for case worker? Juts not sure what to do, exactly. Thanks.

[AmazonianX]

Even though married to British and she mentioned in form, by not providing evidence of being married to a BC application will be considered under 6(1).
Providing an explanation of this to CW as you intend wouldn't hurt.

So she basically need to not select the boxes next to entries related to BC in supporting documents page (marriage certificate, naturalisation certificate, etc) and only provide a cover letter and supporting documents for 6(1)? Any idea on what she should write in the cover letter - like she doesn't want to apply under 6(2) because she just doesnt want? Wouldn't it be a bit suspicious for case worker? Juts not sure what to do, exactly. Thanks.

She provably has to tick the boxes to be able to proceed with application ( I don't have a live application in front of me).
Cover note simply stating she qualifies in her own rights and applying as such hence CW should note marriage certificate and spouse's naturalisation cert not supplied.
CWs are aware of and encounters this more than you may think so no suspicious eyebrow to be raised.

[contorted_svy]

Can opt not to provide details related to the marriage and explain in a cover note. She has both options, it's not dodgy to choose the one she prefers.

[VirtualWaver]

Can opt not to provide details related to the marriage and explain in a cover note. She has both options, it's not dodgy to choose the one she prefers.

Thanks, will try.

Are you aware of other people who did like this? I tried to dig the forum but couldn't find. Just want to be on safe side to avoid complications.

[alterhase58]

This subject comes up here regularly every week and the general opinions remain the same.
Don't recall anyone reporting they had issues or even a refusal due - like another member commented here caseworkers see this kind of confusion regularly and more than you think. They are not waiting to trip you up.

[VirtualWaver]

Thanks for your help, everyone!

My wife only ticked the boxes next to documents required to register under section 6(1) in the online form, and wrote a cover letter explaining this.

I will provide an update once she will get her decision letter.