Spouse visa, ILR, Citizenship Test, Naturalisation?

[seek]

Hello,

This should be an easy one for you and I apologise if you've already answered it. I've been combing the discussions but have yet to find one that matches exactly.

I'm hoping someone can help clarify the path to naturalisation. I'm a Canadian now living here permanently with my husband (UK citizen), on a spouse visa since our wedding in September 2006. I arrived a year before our marriage (June 2005) on a working holidaymaker visa which brings my total time here to 3 years in June 2008. I've been planning to take my citizenship exam in June and then apply for naturalisation but I've recently been reading over the path again... I have a sinking feeling that I should have applied for ILR just after the wedding? From what I've read, I can't take the citizenship test and then apply for naturalisation unless I've had ILR for at least a year prior. ILR is mandatory if I'm reading correctly.

Am I still a year away from being able to complete this process? Just when I thought I had it figured out!

Any help is very much appreciated. Thank you in advance.

Seek

[vinny]

You cannot apply for ILR just after your wedding. You may apply for settlement no sooner than 28 days (4 weeks) before the end of your two year qualifying period and before your leave to enter/remain expires. However, do read the requirements of form SET(M) now.

If you are married to a British Citizen, then ILR is mandatory just on the day when the naturalisation application is received by the BIA.

[seek]

Thanks Vinny. I must have been getting a little nervous there.

I was just about to reply back to say that I had already written a similar question about a month ago (memory like a goldfish - so sorry to make you work again). I really appreciate the reassurance though.

Do you mind if I run this by you once more? May 19th '08 will mark 23 months since my arrival, I can then send in my application for ILR. Hopefully that will come back successful and once it does I can immediately write my citizenship test. If passed, apply for citizenship?

A million thanks

[thirdwave]

Thanks Vinny. I must have been getting a little nervous there.

I was just about to reply back to say that I had already written a similar question about a month ago (memory like a goldfish - so sorry to make you work again). I really appreciate the reassurance though.

Do you mind if I run this by you once more? May 19th '08 will mark 23 months since my arrival, I can then send in my application for ILR. Hopefully that will come back successful and once it does I can immediately write my citizenship test. If passed, apply for citizenship?

A million thanks

Time spent on WHM does not count towards ILR on a spouse visa.You can only apply 2 years-28 days from the start of your spouse visa..So you would only be able to apply sometime in August, rather than in May

[seek]

Time spent on WHM does not count towards ILR on a spouse visa.You can only apply 2 years-28 days from the start of your spouse visa..So you would only be able to apply sometime in August, rather than in May

Yikes! Good to know. Thank you very much.

[JAJ]

Time spent on WHM does not count towards ILR on a spouse visa.

But once ILR is obtained, the time on a WHV does count for naturalisation.

[seek]

Thank you for your help.

[jes2jes]

Do you mind if I run this by you once more? May 19th '08 will mark 23 months since my arrival, I can then send in my application for ILR. Hopefully that will come back successful and once it does I can immediately write my citizenship test. If passed, apply for citizenship?

.

I am afraid you would have to write the above test before you apply for ILR or else it will fail (or you would be given a two year extension until such time as you pass the LITUK Test. As at the time of writing, the BIA has still not suspended the two-year extension for those applying for ILR without the test but they would do anytime soon).

It is not test after ILR but test before ILR. You should read the link Vinny posted about requirements for applying using form SET(M).

You would have yourself to blame. Read carefully my dear!