Review and clarify guidance on 3-year residency and 5-year ILR rules for spouses

Background

Review and clarify the guidance on the relationship between ILR and naturalisation for spouses of British citizens, making more explicit the distinct requirements for a 3-year residency period and 5-year ILR qualifying period so it clearly reflects the citizenship route for many spouse visa holders.

Additional details

Most spouse visa holders need around five years before they can obtain ILR. However, official guidance for citizenship refers to a three-year residence requirement for spouses of British citizens while also requiring ILR or settled status. We are concerned this can cause confusion because, in practice, most applicants cannot benefit from the three-year rule until they first complete the five-year settlement route. The guidance should clearly explain that, for most spouse visa holders, eligibility for naturalisation normally follows completion of the five-year route to ILR, despite the separate three-year residence requirement.

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