SET (M) query

[zigleon]

Congratulations......still waiting for our outcome...

[whirly]

Hi everyone

My wife just got her ILR. Thank you!

1. My wife's passport expires in around two years time. Do we have to get a new ILR?

2. She'll have been in the UK, three years, with no absences, in around two weeks time.

(i) Does she need a new ESOL with Citizenship certificate or will the one we used for her ILR do?

(ii) Are there any other conditions or tests applicable for naturalistation?

3. When can she apply for a British passport?

Thank you

Congratulations! It sounds like your next step will be naturalisation. Answering your questions in a slightly different order:

2. (i) I'm not very well-versed on ESOL requirements...perhaps someone else can help with that.

2. (ii) One main condition that she will have to satisfy for naturalisation is the physical presence test: she will have to have been in the UK exactly 3 years before the day she applies to the NCS. Where was she in October 2005? If she was out of the country, you'll have to adjust your application date accordingly.

There is also the residence requirement - she should have no more than 270 days outside the UK in 3 years; no more than 90 days in the previous 12 months. Sounds like that's not a problem for her. You will need to use Form AN.

3. She can apply for a British passport after she becomes a British citizen through naturalisation.

1. Assuming she gets British citizenship and a UK passport, her ILR will be effectively irrelevant in the future. She won't actually be able to replace the ILR in her other passport, since she will be British by then. If she opts not to get a UK passport, she can have a Right of Abode stamp put into her other passport instead.

Hope this helps.....

[naav]

Hi, thanks Whirly.

Where was she in October 2005?

My wife entered the UK, for the first time, in October 2005 on a two year spouse visa, then FLR and now ILR. She hasn't been out of the country since then.

Congratulations

Thanks Zigleon

[whirly]

Where was she in October 2005?

My wife entered the UK, for the first time, in October 2005 on a two year spouse visa, then FLR and now ILR. She hasn't been out of the country since then.

No problem then. Just make sure that you apply on a day in Oct 2008 (or after) that corresponds to a day in Oct 2005 when she was already here. Ex: if she came here on 15 Oct 2005, apply for naturalisation on 15 Oct 2008 or after.

You might still want to double-check on the ESOL requirements.

Good luck!

(Just checking... you're British, right? All this assumes she qualifies for naturalisation as a spouse of a British citizen...)

[Casa]

The ESOL 'certificate' (or letter from the college) is sufficient for BC application. I'm 100% sure on this.

[naav]

Hi, thanks Casa.

The ESOL 'certificate' (or letter from the college) is sufficient for BC application.

Sorry, just to clarify: can the ESOL certificate and 'letter from college' docuements USED for ILR be RE-USED for Naturalisation i.e. one doesn't need to go and do another programme of study and GO UP another ESOL level? The condition for ILR is to go up another ESOL level so I'm wondering if one needs to do likewise for Naturalisation or can one used these SAME documents (the ESOL certificate and 'letter from college' used for ILR) for Naturalisation too?

Hope that makes sense, thanks

[zigleon]

Hi everyone

My wife just got her ILR. Thank you!

was wondering how long it took..?

[Casa]

Naav, same ESOL documents for Naturalisation as ILR. In fact the HO will have the record on file from your ILR application that you have already met the language requirement.

[naav]

Thanks Casa

Zigleon:

was wondering how long it took..?

Around five weeks...