passed life in uk...now ilr or citizenship

Well, based on what VictoriaS said in this thread:

http://talk.uk-yankee.com/index.php?topic=50359.msg716518#msg716518

and my own understanding of it, you do still have to be married if you want to apply after three years.  If you have ILR and then the marriage breaks down, you can still apply, but only after 5 years...(under current rules...everyone's favourite disclaimer these days!)

Just to add, I am fairly certain under current rules she doesn't still need to be married.

agree with julie, if she's not still married the qualifying period goes up to 5 years.  It works in reverse as well- someone married to a British citizen who gets ILR based on say, a work permit category can apply for citizenship under the 3-year rule for spouses of British citizens, even though their ILR wasn't granted based on being a spouse. 


Of course, the rules around both of the above scenarios are set to change whenever the new bill comes in...

If you have ILR and then the marriage breaks down, you can still apply, but only after 5 years

We need to be slightly careful here because the term "marriage breaks down" might be used to relate to a separation, as well as a divorce.

The fact is that until the Decree Absolute is issued the marriage is still in existence, so the fact that a couple have "merely" separated means that they are still married, and a 3-year application is still possible.

It should also be appreciated that not just marriage to a British Citizen cuts the qualifying period down to 3 years. Civil Partnership with a British Citizen has the same effect.

Ok so correct me if I am wrong....

I arrived in country visiting June 27th, 2006 we went back to USA August 29th 2006 and returned to England 15 September 2006 with kids on the Fiance visa.  We married in UK on 3 March 2007, and Were granted a Spousal/FLR visa 6 April 2007, took my Life in UK Test and passed 27 Jan 2009, Sending ILR visa paperwork on 9 March 2009.  So if I am reading this correctly  then the earliest I can go for citizenship is 15 September 2009?  Am I correct is that assumption?

I believe you can use anytime that you were physically present in the UK subject to immigration control. So your time as a visitor from 27 June 06 - 29 August 06 can be used in the 3 year residency period.

See this thread: http://talk.uk-yankee.com/index.php?topic=49828.msg707012#msg707012

Webyl, that is right. faydra72, you need to pass the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test.

Looking at my calendar, suggest you make an appointment at an NCS office for say Monday 29.06.09, assuming of course you have the ILR in your passport by then.

That is good to know. thank you

Ok, I'll risk asking a dumb question.
I thought you needed the test for ILR. Do I have to do it before I apply for FLR?

No, just for ILR / citizenship.

Vicky

Phew!