First test is usually when you  receive your ILR in UK.  Once you have passed thsi test and your marriage lasted that time period, you are entitle to apply after three years.

There are others ircumstances but this is true that if you entered on the marriage basis then you will be applying on three year basis even if your marriage is not existing.

Hello Kiran:

I replied to your question previously but that answer may not be correct.  Today I was listening to another Solicitor and he mentioned that if the Marriage is not existing then your three years is no longer valid and you will need to apply on the basis of 5 years.

My answer was also based on the information I received from another solicitor. Previous solicitor was very confident and he said that if you came on the basis of Marriage then you will be eligible to apply after three years.  However, today I learn from another solicitor that you need to wait 5 years if the marriage is not existing.

Please check with immigration solicitor or law centre about these conditions. I believe on three year basis you need to send your spouse passport also, which means that your spouse is supporting your marriage. If you find the answer, please post it here.

If anyone else know the answer or have gone through this situation, please post here and tell us what is the right answer.

Thanks

if husband and wife separates before three years can husband still apply for naturalization after three year time?