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Naturilsation vs. ILR as spouse of British citizen

Posted: Sun Dec 11, 2011 6:06 pm
by Carmen_Sandiego
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. :)

Posted: Sun Dec 11, 2011 7:07 pm
by Casa
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.

Re: Naturilsation vs. ILR as spouse of British citizen

Posted: Mon Dec 12, 2011 4:33 am
by osteophytes
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?