Citizenship application for Returning residents

[cadillac2006]

Hi all

I would be extremely grateful if someone could shed their expert advise :

I and my wife granted ILR 3 weeks ago, and I am in the process of registering my child as a british citizen

I and my wife will be eligible for citizenship in Feb 2013 (i.e. 12 months from now), however I need to go for my higher fellowship training to USA in this July 2012 for 3 years.
Now two options
1. if I visit UK within 2 years to retain my ILR, when I permanently return how and when would I be eligible for citizenship again
2. If I come back after 3 years only I will have to apply for entry clearance, what visa does that put me on and secondly when would I be eligible for citizenship in this case

I am presuming having a baby on british passport and going abroad for higher training should be allowed for me to apply citizenship in future

Thanks for any info in this regard as I need to decide shall I delay my fellowship or not

Ramesh

[Jambo]

If the current rules stay the same when you return, that would be after 5 years if you keep your ILR or after 6 years if you need to get a visa (5 years for ILR + 1 year with ILR).

[cadillac2006]

OMG are you serious Jambo, does that mean the clock starts from beginning ?
I might have to reconsider my fellowship and get citizenship next yr and then go for fellowship after that..

[Jambo]

Not sure what answer you were expecting but naturalisation requires 5 years residence leading to the application. If you leave the UK for several years, you will need to start those years again once you are back.

[John]

Jambo, I concur.

I am presuming having a baby on british passport and going abroad for higher training should be allowed for me to apply citizenship in future

If you were hoping that having a British Citizen child would make any difference to when you can apply for British Citizenship, sorry it makes no difference.

But cadillac2006, you tell us about you and your wife has got ILR, and then you say that you will be studying abroad, but what about your wife? Will she be staying in the UK, at least most of the time? At least for a year or so?

The point is this. If you wife stays in the UK and applies for Naturalisation in a year's time, and it is granted ..... surprise, surprise, you will be married to a British Citizen! That will assist when you can apply for your own Naturalisation, because you will then have a 3-year qualifying period.

[cadillac2006]

Dear John

Thanks for the prompt response

Even if my wife stays for another year she would have been in the country for 2 yrs on Tier-1 Dependant + 1 year ILR

So I guess she wont be able to apply for naturalisation as 3 yr rule would have applied to her if she was going to be spouse of BC, which clearly she wont..

This is a big pickle, but I am very grateful for your and Jambo's advise, and I guess I have made my mind to delay my fellowship application by one year. Seems the right thing to do !

Cheers