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Naturilsation vs. ILR as spouse of British citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Carmen_Sandiego
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Joined: Sun Dec 11, 2011 5:57 pm

Naturilsation vs. ILR as spouse of British citizen

Post by Carmen_Sandiego » Sun Dec 11, 2011 6:06 pm

Hi all,

Here is my situation. I'm American and have been married to my British husband for a little over two years, all of that time living in Britain. Before that, I lived in the UK for 3 years on a student visa when I was doing my degree.

In March 2012 my 2-year spouse visa expires and I will need to apply for ILR. However, we are planning to move back to the USA at some point in the next three years or so to start a family and be closer to my family. We could move as early as a year from now, or it may not be until after 2 or 3 more years in the UK.

It would be unfortunate to apply for ILR and then have it cancelled and have to reapply if/when we come back to the UK. My question is, does being in the UK on a student visa count towards the 3-year residency requirement for naturalisation? Should I be thinking about applying for naturalisation instead of ILR?

Many thanks in advance for your help. :)
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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Sun Dec 11, 2011 7:07 pm

All continuous legal stay counts towards BC. You'll have to apply for ILR first though. Don't forget you'll need to pass the Life in the UK test before applying.
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osteophytes
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Posts: 218
Joined: Tue Jun 30, 2009 6:32 pm

Re: Naturilsation vs. ILR as spouse of British citizen

Post by osteophytes » Mon Dec 12, 2011 4:33 am

Carmen_Sandiego wrote:Hi all,

Here is my situation. I'm American and have been married to my British husband for a little over two years, all of that time living in Britain. Before that, I lived in the UK for 3 years on a student visa when I was doing my degree.

In March 2012 my 2-year spouse visa expires and I will need to apply for ILR. However, we are planning to move back to the USA at some point in the next three years or so to start a family and be closer to my family. We could move as early as a year from now, or it may not be until after 2 or 3 more years in the UK.

It would be unfortunate to apply for ILR and then have it cancelled and have to reapply if/when we come back to the UK. My question is, does being in the UK on a student visa count towards the 3-year residency requirement for naturalisation? Should I be thinking about applying for naturalisation instead of ILR?

Many thanks in advance for your help. :)
Was that three year period immediately before your stay as a spouse?
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