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Posted

Hi,

I'm really sorry if this is a simple or stupid question, just trying to get my head around it all.

My wife is due to apply for ILR in June, she has her life in UK test next month. I understand that IF she fails to pass in time we'll have to go for FLR.

My question is, if she has to get FLR, after a year (making it 3 years in the country) could she apply for citizenship or does she have to go to ILR first?

We are under the old rules by the way, 3 years for citizenship.

Thanks!

Posted

One of the requirements for citizenship is that the applicant has no time restriction on their stay in the UK; e.g. ILR.

So someone who only has FLR cannot apply for naturalisation.

Even if they could, another requirement for naturalisation is that the applicant has satisfied KoLL; so your wife would have to pass the LitUK test anyway.

Note that having passed it for ILR, she does not have to take it again for naturalisation.

If your wife were to need to apply for FLR instead of ILR, then as she has already satisfied the residential requirement for ILR she would not have to wait until the new FLR expired before applying for ILR; she could do so as soon as she satisfied KoLL.

Once she has ILR and has lived in the UK for at least three years then, assuming all the other requirements are met, she can apply for naturalisation.

See British citizenship basics for more on this.

BTW, it was the settlement rules which changed in July 2012, not those for naturalisation.

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