ILR & SET(M)

[biggshot]

I am slightly confused regarding the next steps. Please can somebody clarify.

I came to the UK in 2003 on Student visa and then got a Work permit in 2005. Throughout the last 3 years I have been working in the UK.

I married a British citizen in Nov 2006 and recived FLR(M) in Dec 2006 for 2 years.

Please can somebody tell me how do I go about the ILR and SET(M)? I am aware I need to pass the Life in the UK test but then what next? What should I apply for in Dec 2008?

Many thanks

[John]

In the last 28 days of validity of the current 2-year spouse visa you will need to apply on form SET(M) for ILR.

Under current legislation, having got the ILR, it looks as if you can instantly apply for Naturalisation as British, assuming you were physically in the UK exactly three years before BIA receive the Naturalisation application.

However also be aware that there is a consultation process in place at the moment, and it is possible you might need to have your ILR for 12 months before applying for your Naturalisation. The new legislation may, or may not, be in place in November or December.

[biggshot]

Thanks John.

To clarify, I can apply for SET(M) 28 days before my FLR(M) expires and then apply immediately for Naturalisation (subject to law at that time).

Need to get cracking with the Life in the UK test.

Cheers

[John]

Assuming that there is no change of law and assuming you were physically in the UK exactly 3 years before BIA will receive the Naturalisation application, yes you can make that application straight after getting your ILR.

[alan and oscar]

Can you give me a reference for this law, John?
My civil partner entered Dec 05, got flr feb 06 and ilr last month jan 08. Under current law, we can appy for nationality in dec 08 but are you saying it may be jan 09 if that law goes through in time? Strangely, we were told we needed to wait 12 months when we got the ILR but I thought this was wrong.

Although it only means waiting a month we are anxious to apply asap.

thanks
alan

[John]

Of course I cannot give you a reference for a possible change to the law, which might insist that ILR is held for 1 year, even by those married to, or in Civil Partnership with, a British Citizen.

The existing law? If I may I shall leave that to my Moderator colleague JAJ, who seems to know all the sections numbers on Citizenship matters off the top of his head.

[alan and oscar]

I didn't mean a reference to the (proposed) legislation itself, John, just clarification on the 'consultation process' you were referring to in your first post in this thread. Were you referring to the process published last week by the Home Secretary on changing the route to citizenship?

I don't need any info on the existing law thanks as this is all clear on the home office website.