HSMP, marriage, ILR and naturalisation???

[Tango]

Hi all,

I was granted HSMP back in australia on 10/5/02 and entered the UK on 16/5/02

A year later I applied to have the HSMP extended and they stamped my passport until 10/5/06.

Now here is the tricky bit - I married a lovely English girl in April 04. When I look on the IND website it says that I can apply for naturalisation after 3 years in the UK if married to a UK citizen, but only if I am not on any time limited visa - I assume my HSMP is this sort of time limited visa so naturalisation will have to wait until after ILR.

So two ways to get ILR - under HSMP (4 years hence May 06) or spouse

When I look at the regulations for ILR as a spose it says:
(i) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years and has completed a period of 2 years as the spouse of a person present and settled in the United Kingdom;

So I have to wait 2 years after marriage (April 06) to get ILR that way as well??

So what is the process?? I have to wait the 4 years, get ILR THEN i can apply for citizenship?



I thought as an HSMP, Commonwealth (australian) citizen, married to an english girl, mortgage and property in winchester, earning £100k+ I would be the type of person wanted as a citizen! Seems pretty hard compared to asylum criteria!

[Kayalami]

I assume my HSMP is this sort of time limited visa so naturalisation will have to wait until after ILR.

Correct.

So I have to wait 2 years after marriage (April 06) to get ILR that way as well??

2 years from the date you are given further leave to remain in the UK on the basis of the said marriage i.e. you need to apply for a spouse visa first. You will get your ILR on the basis of HSMP well before via a spouse visa (assume visa granted today = 10 Aug 2006) so it doesn't help on this angle.

So what is the process?? I have to wait the 4 years, get ILR THEN i can apply for citizenship?

If granted ILR you can apply for naturalisation immediatley as the spouse of a BC i.e. this is the advantage of being married - assuming Australia is not a republic then and the Queen remains head of state you won' t have to undergo an oath ceremony. You could get your citizenship certificate within two weeks from application date.

Seems pretty hard compared to asylum criteria!

I do not claim to speak for all asylum seekers but I'm sure many would love to be in your shoes - would you like to trade places?

[User]

Tango wrote: Seems pretty hard compared to asylum criteria!

Well! No disrespect meant, Tango - but do you know that it is a similar pain for someone (a non-autralian) who is extremely well placed (in terms of finances and job) and working in Australia (on a work visa) and having married to an Australian citizen, to get Australian citizenship.

Its all the same everywhere. You will just have to bite the bullet and carry on!

[Tango]

I can even understand the logic of having a 2 year wait after marriage to determine that the marriage is bona fide so as to prevent "green card weddings" but in our case I would be eligible for permenant residency under HSMP in my own right, so its obviously not a motivation so why wait the 2 years then?