Citizenship eligibility time...again.

I'm sure I have asked this before but I can't seem to find the thread.

I came here in October 2004 on a student visa.  I married a Brit in June 2007 and applied for FLR shortly after that.  My FLR expires in early January 2010, so I'm planning to take the KOL test this fall and apply for ILR. 

I went home for the summer in 2005, but since then I haven't been out of the UK for more than a few weeks at a time (I think a six week research trip in 2006 was the longest). 

So, as far as I understand it, I will have been living here for over five years by the time I am eligible to apply for ILR, and I will have had two years on FLR.  Because I am a spouse of a UK citizen, that means I don't have to wait for a year on ILR before I can apply for citizenship, right?  Am I right in thinking that I can apply to become a citizen as soon as I get the ILR, because I am a spouse who has lived here for more than three years?

Under the current rules, anyway.  Who knows if I'll get the ILR before the new rules come into effect.   

ManderW, you can apply for your ILR no earlier than 28 days before the expiry of your current 2-year spouse visa, and no later than its expiry date.

Having got the ILR safely in your passport, you can apply for your Naturalisation (probably) immediately. That is, you need to ensure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application. So check your dates outside the UK carefully to ensure that that test is actually passed.

Who knows if I'll get the ILR before the new rules come into effect.

Yes you will. The new rules will not come into effect until some time in 2010, and you will be applying for your ILR in December 2009. And if you apply for your ILR in person at a PEO, you could also be applying for your Naturalisation in 2009 (subject to dates, if any, outside the UK in December 2006).

you need to ensure that you were physically in the UK exactly 3 years before UKBA will receive the Naturalisation application. So check your dates outside the UK carefully to ensure that that test is actually passed.

So, do you mean that even though I have lived here continuously since August 2005, I should check to be sure that the actual date the application is received doesn't fall on the anniversary of one of the dates I was out of the country on my research trip?  Although I have gone back through my records, and that long research trip was in fact during 2005 anyway. I think I came back to the UK on December 13.  It's so annoying when they stamp your passport all willy-nilly so that you can't read the dates, and half the time there's no immigration control at the airport in Spain anyway.  I haven't kept very good independent records of when I was actually out of the UK, stupidly.

The actual expiration date of my limited leave to remain visa is January 3, 2010.  Since that's a Sunday, and so is December 6 (which is 28 days prior) I presume I'd have to send my application in on December 7 at the earliest. I was in Spain on a research visit between 3-9 December 2006, and then my husband and I went to France for Christmas (23-27 December).  So should I send the ILR application in between December 10 and 22?

The comment about getting the ILR visa back before the new rules come into effect is based on the other thread which says that these applications can now take up to six months.  It was a bit tongue in cheek, but I'll wait to see if the processing times get really terrible.  I might shell out the extra cash and do it in person.

Actually, they need to recieve it 28 days before your expiration, so you can send it on the Friday or the Saturday, so it'll be there on Monday. 

And yes about being here three days before your application date for the citizenship. Not being there on the day the qualification period starts will not only cause your application to automatically fail if they find out at the time, but also will be grounds for yanking your citizenship in the future. There was a story on here about it maybe a year ago: an vengeful ex-husbeast screwed over his ex-wife that way.

It just seems wierd that I have to wait a few days to submit it so that the date it is received doesn't fall on the anniversary date of a short trip out of the country in 2006, when my original entry date was in 2004.  I went back and did the math, and the longest I have been out of the UK since 1 October 2004 was 65 days in summer 2005.

By the rules of ILR as a spouse, as I understand them, I only have to have been here for 3 years, 2 of which are on FLR. 

Or am I misunderstanding the rules, and the time between October 2004 and January 2008 (when I was on the student visa) doesn't count?

It just seems wierd that I have to wait a few days to submit it so that the date it is received doesn't fall on the anniversary date of a short trip out of the country in 2006, when my original entry date was in 2004.  I went back and did the math, and the longest I have been out of the UK since 1 October 2004 was 65 days in summer 2005.

By the rules of ILR as a spouse, as I understand them, I only have to have been here for 3 years, 2 of which are on FLR. 

Or am I misunderstanding the rules, and the time between October 2004 and January 2008 (when I was on the student visa) doesn't count?

Time on your student visa counts. I do not believe the clock resets with that switch.

So I guess the upshot of my question is, since I have been here since October 1, 2004, do I need to worry about sending in my ILR application during that window in December, since the two trips that would have taken me out of the country during that time happened in 2006? 

I mean, not that it's difficult to send it during that time, I'm just trying to make sure I understand it.

Time out of country for the SET(M) spousal path ILR has no impact when it comes to applying for the ILR.  It is when you apply for citizenship that you must make sure that you were in country exactly 3 years prior to submitting your application.

For example (under current rules as a spouse of a British Citizen), assume that you receive your ILR in December and say you apply on 2 January 2010 for citizenship, you have to be sure that you were in the UK on 2 January 2007.

Time out of country for the SET(M) spousal path ILR has no impact when it comes to applying for the ILR. 

Well, that isn't 100% true in practice.  If you spend a significant amount of time outside the UK the case worker can rightfully question if you co-habitated with your spouse for the required period of time.  In addition, it is a requirement of an ILR to intend to settle in the UK long term.  The case worker could also question you about that as well and decide to refuse you.

Well, that isn't 100% true in practice.  If you spend a significant amount of time outside the UK the case worker can rightfully question if you co-habitated with your spouse for the required period of time.  In addition, it is a requirement of an ILR to intend to settle in the UK long term.  The case worker could also question you about that as well and decide to refuse you.

My Apologies...Let me clarify.

I could find no reference as to a limit on time spent outside of the UK in terms of applying for an ILR on the SET(M) either on the form and on the guidance notes as well as the information page from UKBA http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/. The only thing on the SET(M) page is that

have lived here for two years in this category

As opposed to the citizenship incountry days requirements under the spousal path which is clearly listed on the information page of UKBA http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period;

.

Ah, so I am getting things confused.  So I don't need to worry so much about the date when I submit my ILR application in December, but I *do* need to worry about it when I submit my application for citizenship.  Which will of course be at some unspecified time in the future, depending on how long it takes to get the ILR.

Of course, I don't know why I am worrying about this now...December is a long way off!

Thanks for all the help in setting me straight.