Dear Mr Bassie,

I am a Jamaican who has been married to a British citizen for the last four years.

I have two children from the marriage who were born in the UK. I have the status of Indefinite Leave to Remain (ILR) and wish to apply for naturalisation.

I would like to know if I am eligible and if so, how should I apply?

- M. K.

Dear M.K.,

I note you are a Jamaican national and have the status of Indefinite Leave to Remain (ILR). Since it does not appear you have a claim to citizenship based on ancestry, you have two options available to you to apply for naturalisation. The most common avenues available that lead to naturalisation are the 'three-year rule' or the 'five-year rule'.

The 'five-year rule' is normally applied on the basis that the applicant has held ILR)for at least a year after previously spending a continuous five years on a visa that leads to settlement such as an Ancestry Visa or Work Permit status. Also, the applicant should not have spent more than 450 days outside of the UK in the preceding five years. Based on the information that you have given, I am unsure whether you would qualify under the 'five-year rule'.

It would seem that you may be eligible for naturalisation under the 'three-year rule'. Eligibility under this rule is grounded on the basis of the applicant being married to a British citizen and holding Indefinite Leave to Remain (ILR). From this perspective, it seems you would qualify. The requirements for naturalisation as a spouse of a British citizen necessitate that the applicant has a residency of at least three years in the UK. The three years of the residency requirement are counted from the date your naturalisation application is received by the Home Office.

'Three-year rule'

In addition, you will also be required to fulfil other requirements that relate to the 'three-year rule'. You will be required to show that you have resided in the UK from the beginning of the three year period continuously and also on the date that your application for naturalisation has been received in the UK Home Office. Also, you must not have spent more than 270 days outside of the UK in those preceding three years, and you should not have spent more than 90 days of the preceding 12 months outside the country.

Furthermore, to be eligible for naturalisation you must not have been in breach of any of the immigration rules of the UK during the three-year residency period.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.