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If you are married to or the civil partner of a British citizen:
The legal requirements you should meet before you apply are that you:
- Are aged 18 or over
- Are married to or the civil partner of a British citizen
- Are of sound mind, so that you understand the step you are taking
- Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable level
- Have sufficient knowledge about life in the UK
- Are of good character
- Have lived in the UK for a minimum of 3 years before you apply and meet the following residence requirements:
The residence requirements:
- You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 3 years before the application is received by the Home Office.
- You must not have had more than 270 days outside the UK in the 3-year period before making the application
- You must not have had more than 90 days outside the UK in the 12-month period before making the application
- You must be free from immigration time restrictions on the date of application
- You must not have been in breach of the immigration laws in the 3-year period before making the application
Some discretion may be exercised over excess absences and immigration breaches if there are special circumstances.
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If you are not married to or the civil partner of a British citizen
The legal requirements you should meet before you apply are that you:
- Are aged 18 or over when you apply
- Are of sound mind, so that you understand the step you are taking
- Intend to continue to live in the UK
- Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable level
- Have sufficient knowledge about life in the UK
- Are of good character
- Have lived in the UK for a minimum of 5 years before you apply and meet the following residence requirements.
The residence requirements:
- You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.
- You must not have had more than 450 days outside the UK in the 5-year period before making the application
- You must not have had more than 90 days outside the UK in the 12-month period before making the application
- You must be free from immigration time restrictions on the date of application and have been free from immigration time restrictions for the 12-month period
before making the application - You must not have been in breach of the immigration laws in the 5-year period before making the application
Some discretion may be exercised over excess absences, immigration breaches, and immigration time restrictions in the last 12 months.