Monday, 23 April 2012

Do I need to wait for 12 months after an ILR to apply for British Citizenship?

This is one of the most frequently asked questions. Here are the answers:

1) Spouses of British citizens do NOT need to wait for 12 months after receiving an Indefinite Leave to Remain (ILR). They (spouses of Brits) do need to have 3 years of residency in the UK, and need an ILR (whenver it was issued), comply with the absences limit and be free of unspent criminal convictions. However, there is no rule of waiting for 12 months after an ILR. This also covers civil partners (spouses of the same sex) but does NOT apply to unmarried partners and does not apply to spouses of people who are not British but have an ILR. This paragraph only applies to spouses (married) of the British citizens.

2) Everyone else (ie all except spouses of British citizens) DO need to wait for 12 months after they have received an ILR. Plus all other requirements (5 years of residency, absences within the limit etc) and also, on top of all that the one needs to wait 12 months after the date when an ILR was issued, regardless of how many years the one has spent in the UK. This paragraph also covers unmarried partners of the British citizens and also spouses/partners of the European (non-UK) citizens including spouses of UK citizens who had an EEA Residence Card achieved via Surinder Singh route.

For more advice or to make an application please contact us on or visit our website: