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Thank you very much for your prompt response. I should have been a little more clear and mentioned that I originally came over here June 18 '05 on a working holidaymaker visa.Decus et Tutamen wrote:As the spouse of a British citizen, you can apply for naturalisation once you have been in the UK for 3 years, so in your case this would appear to be Sept 09. However, there are residency qualifications, and if you move back to Canada in October 2008, it is probable that you will not meet the criterion to have spent no more than 90 days outside the UK in the year immediately preceding your application.
Failing naturalisation, your indefinite leave will remain valid unless you spend more than two years outside the U.K. However, as an indefinite leave holder, each time you re-enter the UK you should be doing so in order to resume your residency. If the IO were to become aware that you may be "topping up" your ILR, he may instead land you as a visitor and this would take you back to square one.
In which case, you're good to go once you have your indefinite leave. You can apply for the ILR once you've spent 23 months in the U.K. as the spouse of a Brit cit and once that comes through, you could immediately apply for naturalisation. Once you have your naturalisation, you won't lose it.seek wrote:Thank you very much for your prompt response. I should have been a little more clear and mentioned that I originally came over here June 18 '05 on a working holidaymaker visa.
Now, if I follow through with my British naturalization, will there be any restrictions on leaving the country for an indefinite amount of time? We're talking about moving back to Canada in Oct '08, with plans come back to the UK in about 5 years time.vinny wrote:Time legally spent on WHM may be included for naturalisation purposes.
The point being that you do need to demonstrate a committment to the UK and if the BIA were aware that you immediately intended to hot-foot it to Canada, they could determine that you have not displayed sufficient committment to the UK.The main purposes of the residence requirements are to allow an applicant to demonstrate close links with, and commitment to, the United Kingdom, and to enable the Home Secretary to assess the strength of that commitment and the applicant's suitability on other grounds...
If you are the spouse of a UK citizen, you are not required to intend to stay in the UK...Decus et Tutamen wrote:Also, the point of the residency test is that naturalisation is only given to those who have demonstrated a committment to living in the U.K., so to apply and then hot-foot it to Canada would, perhaps, cause them to think again.
The statutory requirement for s6(1) naturalisation applicants to intend to stay resident in the UK (with few exceptions) is not replicated for s6(2) applicants, spouses or civil partners of British citizens.Decus et Tutamen wrote: The point being that you do need to demonstrate a committment to the UK and if the BIA were aware that you immediately intended to hot-foot it to Canada, they could determine that you have not displayed sufficient committment to the UK.
seek wrote:If I can apply for ILR after 23 months, and I arrived on 18/06/05, am I correct to say that I can apply 18/05/08 for ILR and sit my citizenship soon after that?
So the answer is no, you will not lose your British citizenship, even if you leave the UK and never return.We may withdraw your British citizenship if it is found to have been obtained by fraud, false statements or concealing facts that would have affected our decision.
We may also withdraw your of British citizenship if, in our opinion, it would be in the public interest for us to do so and you would not be made stateless as a result of us withdrawing British citizenship.
Further information on withdrawal of British citizenship can be found in chapter 55 of the nationality instructions.