Clarification on the Requirements for Naturalisation

[kamlesh_waghela2000]

Hi,

My wife has completed more then 5 years (Tier 2 for 3 years and 2 and half years as Spouse) in UK. After reading BOOKLET AN Naturalisation Booklet – The Requirements for Naturalisation. I understood that if I am a British Citizen then my wife can go directly for Naturalisation (as she has completed more 3 years) and she does not require ILR (Please correct me if I am wrong).

I was also referring to BOOKLET AN Naturalisation Booklet – The Requirements for Naturalisation and I could not understand one point. It would be great if someone can please explain me what it means...

Refer to Point 4 : under Section 1.A(If you are married to or the civil partner of a British citizen) / The residence requirements:

Which says:
You must be free of immigration time restrictions on the date of application (see the section on Immigration Time Restrictions).

4. IMMIGRATION TIME RESTRICTIONS
If you are married to or the civil partner of a British citizen, you will need to be free from
immigration time restrictions on the date you make your application.
If you are not married to or the civil partner of a British citizen you should have been free
of immigration time restrictions during the last 12 months of the 5 year qualifying period.
Usually there is a stamp or sticker in your passport saying that you have indefinite leave
to enter or remain or no time limit on your stay. But you may have a letter from the
Home Office saying that you are free from immigration conditions. If you do not have a
passport or letter which says this and you have lived here many years you may still be
free from an immigration time restriction.
If you are from an EEA member state or Switzerland you will be free from immigration
conditions if you have been exercising EEA free movement or establishment rights in the
UK for 5 continuous years. See pages 9-10 for information about this.7
A person who is outside the United Kingdom is, by definition, not subject to any
restriction under the immigration laws on his or her maximum length of stay in the
United Kingdom. However, the Home Secretary will normally refuse an application made
outside the United Kingdom where it appears that the main reason for making the
application in this way was to avoid the requirement about immigration restrictions. If
you make your application overseas, but would have had only a conditional right to
remain in the UK on the date of application if you had remained in the United
Kingdom, your application is unlikely to succeed.

https://www.gov.uk/government/uploads/s ... c_2014.pdf

[ban.s]

Hi,
My wife has completed more then 5 years (Tier 2 for 3 years and 2 and half years as Spouse) in UK. After reading BOOKLET AN Naturalisation Booklet – The Requirements for Naturalisation. I understood that if I am a British Citizen then my wife can go directly for Naturalisation (as she has completed more 3 years) and she does not require ILR (Please correct me if I am wrong).

Unfortunately she can't apply for naturalisation without ILR.

4. IMMIGRATION TIME RESTRICTIONS
If you are married to or the civil partner of a British citizen, you will need to be free from
immigration time restrictions on the date you make your application.

As spouse of a BC,she will need to hold ILR status at the time of application.
Unlike other applicants she is not required to hold ILR for 12 months prior to the application.

[secret.simon]

Being free of immigration time restrictions means having ILR.

As ban.s has mentioned, as spouse of a UK citizen, your wife can apply for naturalisation immediately after getting ILR, rather than waiting for a further period of 12 months.

But having ILR (for non-EU citizens) or PR (for EU citizens) is a pre-requisite for getting citizenship.