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Citizenship as a British citizen's spouse: 3 years

A person who is married to, or the civil partner of, a British citizen can naturalise under section 6(2) of the British Nationality Act 1981 after 3 years in the UK, once they have indefinite leave to remain and without the 12-month wait that applies on the five-year route. The fee is £1,839 and the other requirements, such as good character and the Life in the UK Test, still apply.

Marriage to a British citizen does not make anyone British. It does shorten the road to citizenship for a person who has settled. Section 6(2) of the British Nationality Act 1981 is a separate route to naturalisation for someone who, on the date of the application, is married to or the civil partner of a British citizen. It asks for three years' residence rather than five, and it does not require the 12 months of settled status that the ordinary route does.

This guide explains what the section and Schedule 1 to the Act say, how GOV.UK and the Home Office's Form AN guidance (updated 7 July 2026) apply them, what has to be shown on the application, the Crown service alternative, and what the route does not cover. It describes the position on 10 October 2026. It does not say whether any person qualifies or which route to use.

What section 6(2) says

Section 6(2) of the British Nationality Act 1981 covers an application for naturalisation "made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen". If the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation under that subsection, "he may, if he thinks fit, grant" a certificate of naturalisation.

Three points follow from the wording.

  • The relationship is tested on the date of the application. The person must be married to, or the civil partner of, someone who is a British citizen on that date.
  • The text covers marriage and civil partnership. It does not mention unmarried partners, and GOV.UK describes the route in the same terms: "are married to, or in a civil partnership with, someone who is a British citizen".
  • The statute says nothing about how long the marriage has lasted for the ordinary three-year route. The three years refer to residence in the UK. A marriage of three years or more is a condition only of the Crown service alternative, described below.

GOV.UK also says that you cannot apply as the partner of a British citizen if your partner has died. It points such a person to the other ways of applying.

Section 6(2) sits alongside section 6(1), not in place of it. GOV.UK says that if you are eligible in more than one way you can choose which way to apply.

The three-year residence test

Paragraph 3 of Schedule 1 sets the requirements for section 6(2). The applicant must show:

  • that they were in the UK at the beginning of the three years ending with the date of the application, and that they were absent on no more than 270 days in that period;
  • that they were absent on no more than 90 days in the 12 months ending with the date of the application;
  • that on the date of the application they were not subject under the immigration laws to any restriction on the period for which they might remain in the UK;
  • that they were not at any time in the three years in the UK in breach of the immigration laws; and
  • the requirements in paragraph 1(1)(b), (c) and (ca): good character, sufficient knowledge of English, Welsh or Scottish Gaelic, and sufficient knowledge about life in the United Kingdom.

GOV.UK puts the exact-day point this way: you must prove you were in the UK exactly 3 years before the day the Home Office receives your application. Its example: if the Home Office receives an application on 20 June 2022, but the person left the UK on 10 June 2019 and returned on 25 June 2019, they will not qualify and must wait until 24 June 2022. The Home Office will consider special circumstances, such as health reasons or travel restrictions that stopped the person living in the UK at the start of the period, or a decision to remove them that was later overturned.

Absences are counted in whole days, and the dates you leave and enter are not counted as absences. On the three-year route the Form AN guidance gives 270 days as the normal permitted level and says up to 300 days is normally disregarded only if all other requirements are met and the person has established their home, family and a substantial part of their estate in the UK. It says that absences above 540 days make an application likely to fail and that only very rarely would they be disregarded; and it sets the same 90-day figure for the last 12 months as on the five-year route. Our article on when to apply after ILR sets out how the guidance treats the last-12-months limit.

The residence has to be lawful. GOV.UK says you also should not have broken any UK immigration laws, and that if you have indefinite leave to enter or remain the Home Office will not usually check whether you did before then.

Status: ILR, but no 12-month wait

The statute requires that on the date of the application the person was not subject to any restriction on how long they could remain in the UK. In practice that means holding indefinite leave to remain or an equivalent. GOV.UK lists the three statuses that qualify you to apply: indefinite leave to remain, "settled status" under the EU Settlement Scheme, and indefinite leave to enter. It says you can apply as soon as you have one of them.

That is the difference from section 6(1). On the five-year route the statute requires the person to have been free from immigration time restrictions throughout the 12 months before the application. On the spouse route the condition is tested on the date of the application only. The Form AN guidance says the same: on the spouse route, a person needs to be free from immigration time restrictions on the date of the application, and does not need to have been for 12 months.

How this fits with a visa route is a matter of timing. A partner visa, for example, leads to settlement after a qualifying period (see our article on partner ILR after five years). The two tests are separate. The three-year test is about time in the UK, absences and lawful presence; the status test is about holding indefinite leave to remain or an equivalent on the date of the application. This article does not say whether either is met by any particular person.

People with pre-settled status under the EU Settlement Scheme are covered by a special rule. GOV.UK says they may be able to apply if they are from the EU, Norway, Iceland or Liechtenstein, started living in the UK by 31 December 2020 (or are family members), and have lived in the UK for five years in a row working, studying or self-sufficient. They need to live in the UK for another year before applying, "unless your spouse or partner is a British citizen".

The other requirements, and one that does not apply

The spouse route shortens the residence and status conditions. It does not remove the rest.

  • Age and capacity. The applicant must be 18 or over and of sound mind.
  • Good character. A legal requirement under paragraph 3(e). Our article on a good character refusal explains how the Home Office applies it.
  • Knowledge of language. The Form AN guidance asks for a Home Office approved English language qualification at B1 CEFR or higher, a qualifying degree or other listed evidence. It says a person who got ILR on the strength of a B1 qualification meets it. It also says the requirement is about speaking and listening. The rise to B2 for settlement from 26 March 2027 is a separate change; the guidance read today still refers to B1 for naturalisation.
  • Life in the UK. Applicants must pass the Life in the UK Test (£50) unless aged 65 or over or unable to by reason of a long-term condition. A person who has passed it for settlement does not take it again.
  • The home-in-the-UK intention. This is the requirement that does not apply. Paragraph 1(1)(d) of Schedule 1 asks for an intention to make the UK the home on the ordinary route. Paragraph 3 carries over only good character, language and knowledge of life, and the Form AN guidance lists the intention to make the UK your future home as a requirement that does not apply to spouses and civil partners of British citizens.

The Form AN guidance also says what to attach. For the section 6(2) route the applicant provides their spouse's or civil partner's current passport or naturalisation or registration certificate showing they are a British citizen, as well as the marriage or civil partnership certificate. Two referees must endorse the application. GOV.UK says there are two ways to apply, yourself or through an agent or representative, and that you can apply online.

Discretion and the Crown service alternative

Schedule 1, paragraph 2, as applied to the spouse route by paragraph 4, lets the Secretary of State "in the special circumstances of any particular case" treat some requirements as met, including excess absences, absence from the UK at the start of the period, and a breach of the immigration laws in the three years. (The power to disregard an immigration time restriction that applies to the five-year route is omitted for the spouse route.) The Form AN guidance says discretion may be exercised over excess absences and the first-day requirement if there are special circumstances, and asks applicants to explain them on the application.

Paragraph 4 adds one more waiver for the spouse route. The Secretary of State may waive the three-year residence and absence requirements in paragraph 3(a) and (b) if, on the date of the application, the applicant's spouse or civil partner is serving in a service to which section 2(1)(b) of the Act applies, and was recruited for it in the UK.

The Form AN guidance sets out the practical version. A person who is married to or the civil partner of a British citizen in Crown or designated service may qualify without the three-year residence period if, among other things:

  • on the day of application their spouse or civil partner is working outside the UK in Crown or designated service;
  • the spouse or civil partner was recruited in the UK to that service;
  • naturalising is in the interests of the spouse's employing organisation, which should provide a letter;
  • if the applicant is in the UK on the day of application, they are not subject to time restrictions on their stay;
  • the applicant was not in the UK in breach of the immigration laws in the three years before applying; and
  • the marriage or civil partnership has lasted three years or more.

GOV.UK also says that a person may be exempt from the residency requirements if their partner works abroad for the UK government or an organisation closely linked to government. The guidance adds that good character, language skills and knowledge of life in the UK must still be met on this alternative.

Fee, timing and what the route does not do

GOV.UK gives the cost of a spouse application as £1,839: £1,709 to apply and a £130 citizenship ceremony fee. The Home Office fee table dated 8 October 2026 shows the application fee with no change. Fingerprints and a photograph are taken after applying. GOV.UK says to expect a decision usually within 6 months, and that the priority service is available for an extra £500 if offered. Our article on British citizenship cost sets out the full fee list.

A few limits on the route are worth knowing.

  • It does not apply once a British spouse has died. GOV.UK says so directly.
  • It does not apply to unmarried partners, whose position is under section 6(1) or another route.
  • It does not shorten the time to settlement. Section 6(2) deals with the step after indefinite leave to remain, not the visa route before it.
  • It does not mean automatic success. The statute says the Secretary of State "may, if he thinks fit, grant" the certificate, and the good character and language requirements are as strict as on any route.
  • It does not give immigration status while the application is considered. The Form AN guidance says a nationality application does not do that, and that a person must have valid permission to stay until the decision and the ceremony.

Children are handled separately. GOV.UK says a child is usually automatically a British citizen if born in the UK and their other parent was a British citizen. A child who is not automatically British may be eligible for registration, which is £1,000 per child on the fee table.

Finding a regulated adviser

Which route a particular person can use, whether their residence and absences meet the limits, and how Crown service or special circumstances are treated are questions of nationality advice. Only a person the law qualifies, such as a solicitor, a barrister or an adviser registered with the Immigration Advice Authority (IAA, formerly the OISC), may give it. GOV.UK explains how to find an immigration adviser.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I apply for British citizenship after 3 years if I'm married to a British citizen?

Under section 6(2) of the British Nationality Act 1981 you need 3 years' residence in the UK, indefinite leave to remain or equivalent status on the application date, no more than 270 days abroad in the 3 years and 90 in the last 12 months, plus good character, language and Life in the UK.

Do I need to wait 12 months after ILR if my spouse is British?

No. GOV.UK says you do not need to wait 12 months if you are married to a British citizen. The spouse route tests freedom from immigration time limits on the date of application, while the five-year route needs 12 months.

How much does citizenship cost for the spouse of a British citizen?

£1,839: £1,709 to apply plus a £130 citizenship ceremony fee, per GOV.UK and the 8 October 2026 fee table. The Life in the UK Test is £50, and an optional priority service costs £500 more.

Does the spouse route apply to unmarried partners?

The statute and GOV.UK describe it only for people who are married to, or in a civil partnership with, a British citizen on the application date. Unmarried partners are not mentioned in section 6(2).

What if my British spouse works abroad for the UK government?

GOV.UK says you may be exempt from the residency requirements. The Form AN guidance sets conditions, including recruitment in the UK, a letter from the employer, a marriage of three years or more, and the usual character, language and knowledge of life requirements.

Can I use the spouse route if my partner has died?

GOV.UK says you cannot apply as the partner of a British citizen if your partner has died, and points to the other ways of applying, for example through indefinite leave to remain on the five-year route.

Sources

Last checked 2026-10-10.

Related guides

  • When you can apply for citizenship after ILR — Under section 6(1) of the British Nationality Act 1981, most people must have held indefinite leave to remain for 12 months and have lived in the UK for 5 years, been in the UK on the exact day five years before the Home Office receives the application, and not been outside it for more than 450 days in the 5 years or 90 days in the last 12 months. People married to a British citizen use a different route.
  • British citizenship cost: £1,709 plus £130 ceremony — Applying to naturalise as a British citizen costs £1,709, and a £130 citizenship ceremony fee is added, so £1,839 in total. Registering a child costs £1,000. The Life in the UK Test is £50 and the optional priority service is £500 more, according to GOV.UK and the Home Office fee table of 8 October 2026.
  • Form AN: applying for British naturalisation step by step — Form AN is the paper form for naturalisation as a British citizen; most people apply online. GOV.UK gives the cost as £1,839 (£1,709 plus a £130 ceremony fee), with a decision usually within 6 months and an optional £500 priority service.
  • Settling as a partner after 5 years: ILR and form SET(M) — A partner on the 5-year route can apply for indefinite leave to remain after 60 months of continuous residence on partner permission with the same partner. The application costs £3,226, uses the online form SET(M), and needs the financial requirement, English and Life in the UK test evidence again.
  • British citizenship refused on good character grounds — Good character is a legal requirement for naturalisation. The Home Office guidance (version 7.0, 30 April 2026) lists what normally leads to refusal: a custodial sentence of 12 months or more, deception, illegal entry and some recent immigration breaches. There is no right of appeal; you can ask for reconsideration (form NR, £513) or make a new application with a new fee.
  • Is my UK-born child British? Form MN1 explained — A child born in the UK is automatically British if, at the birth, a parent is a British citizen or settled in the UK. Otherwise the child may be entitled to register on Form MN1 for £1,000 once a parent becomes settled or British.
  • ILR absences: the 180-day rule explained — For most routes to indefinite leave to remain, the Rules say you must not have been outside the UK for more than 180 days in any 12-month period, counted on a rolling basis for permission granted since 11 January 2018. A short list of absences does not count, and time on long residence before 11 April 2024 follows older limits.