ILR status

[biggshot]

I have a simple query regarding my ILR status. Please advise.

Dates I have been in the UK.

04/2001 to 09/2001 - Work Permit
08/2003 to 10/2004 - Student visa
10/2004 to 04/2005 - Business visa
05/2005 to 12/2006 - Work Permit
12/2006 onwards - FLR(M)

When can I apply for my ILR? Or is that I have to apply for SET(M) in 12/2008 and wait for 2 more years?

Thanks

[John]

Given that you mention form FLR(M), and thus currently have a 2-year visa, yes you can apply for ILR during the last 28 days of validity of that 2-year visa.

You will appreciate that prior to making that ILR application you will need to have passed the Citizenship Test.

Also .... and I make this comment because you don't say which of the possibilites applies .... if you are married to or in Civil Partnership with a British Citizen ... then as soon as you get your ILR you will be able to apply for Naturalisation as British. Conversely if you have a UPV ... an unmarried partner visa .... or in any sort of relationship with a non-British person having ILR .... you will need to wait 1 year before making that application.

[biggshot]

Cheers John.

Yes, I am married to a British citizen and have a visa for 2 years. Does your reply imply that I can apply for ILR (post Citizenship test) in 12/2008 and immediately apply for a British passport?

Thanks again. Keep up the good work!

[John]

Does your reply imply that I can apply for ILR (post Citizenship test) in 12/2008 and immediately apply for a British passport?

Nearly right! Given that you are married to a British Citizen you are subject to a 3-year qualifying period as regards Naturalisation. That is you need to pass the "applicant was physically in the UK exactly 3 years before IND receive the Naturalisation application" test. It matters not that you will not have been married for the whole of the 3-year period.

But you cannot make the application until you have you ILR.

And specifically .... "immediately apply for a British passport?" .... no! You will be able to apply for Naturalisation as British, and after that is granted it will be a simple form-filling exercise to use your Certificate of Naturalisation to get a British Passport.

The Citizenship Test is changing in April 2007 and I would suggest you do not attempt to study for and pass the version of the test available up to March 2007. However you might like to get the Citizenship Test out of the way later on in 2007, so clearly the pass certificate will be available when you apply for ILR at the end of 2008.

[biggshot]

John,

Just so that I am absolutely clear, I meet the 3 year requirement in 12/2008 based on 2 years of FLR(M) and previous 1 year on Work Permit?

Hence, I apply for ILR in 12/2008 after clearing the revised Citizenship test and then immediately for Naturalisation.

Thanks

[JAJ]

John,

Just so that I am absolutely clear, I meet the 3 year requirement in 12/2008 based on 2 years of FLR(M) and previous 1 year on Work Permit?

Hence, I apply for ILR in 12/2008 after clearing the revised Citizenship test and then immediately for Naturalisation.

That's basically correct. Time on a work permit counts towards the 3 year residence requirement for naturalisation.

However:

- you should make sure you were physically in the UK on the exact day 3 years prior to the Home Office receiving your application.
- you need two British citizen referees (aged 25+) who have known you for 3+ years to sign your naturalisation form. This may delay your application a little.