British Citizenship

Hi everyone,

I am so happy I was able to get my ILR approved on July 7 2021 - thanks again for everyone's help on this forum.

Now I have a few questions about British citizenship:

1. Can I apply now ( instead of year later) since I have ILR and am married to a Brit citizen and have lived in UK more than 5 years.
2. Can I apply and still travel out of country after I submit my application.
3. What is the key info I need.
4. How long before hear back about application.

Many thanks!

Lori

This will answer most of your questions-
https://www.gov.uk/apply-citizenship-spouse

Good morning everyone,
I am just now starting the process of applying for my ILR, so I haven't gotten to the stage of applying for British Citizenship, but actually would have similar questions as Imb43 if everything went well and I got my ILR. So seems to make sense to ask my questions here as well. Would this link more accurately describe the process for people who have obtained their ILR.

https://www.gov.uk/apply-citizenship-indefinite-leave-to-remain

Even after reading the information provided on that link, I would pretty much have the same questions as Imb43. If all goes, definitely have plans to visit family next summer in the USA. So, the exact process and timeline would be something I need to take account sooner than later. Thanks.

Would this link more accurately describe the process for people who have obtained their ILR.

https://www.gov.uk/apply-citizenship-indefinite-leave-to-remain

The opening poster is married to a British citizen and the link I gave above is the link for her. These people don't have to be free from immigration contol (hold ILR) for 1 year before being able to apply for British citizenship.

Your link is for those who have to hold ILR for 1 year before they can apply for citizenship: the opening line in your link tells you that.

Good morning everyone,
I am just now starting the process of applying for my ILR, so I haven't gotten to the stage of applying for British Citizenship, but actually would have similar questions as Imb43 if everything went well and I got my ILR. So seems to make sense to ask my questions here as well. Would this link more accurately describe the process for people who have obtained their ILR.

https://www.gov.uk/apply-citizenship-indefinite-leave-to-remain

Even after reading the information provided on that link, I would pretty much have the same questions as Imb43. If all goes, definitely have plans to visit family next summer in the USA. So, the exact process and timeline would be something I need to take account sooner than later. Thanks.

As you're married to a UKC, the link Sirius provided applies to you too. https://www.gov.uk/apply-citizenship-spouse

People who are not married to UKC's such as those who obtained their ILR via a work visa need to wait the extra year.

Either way, ILR is required first.

People who are not married to UKC's such as those who obtained their ILR via a work visa need to wait the extra year.

Unless they married a British citizen, or their spouse is granted British citizenship, then they don't have to wait the 1 year.

It doesn't matter how they got IRL, under the Nationality laws, it's the being married to a British citizen that means the ILR holder does not have to wait  a year.

Remember the lady who got ILR through a work visa, then immediatleyt applied for British citizenship using her husband's British passport, only to find she was refused because her husband was not allowed to be living in the UK as he only held one of the British passports that  did not allow him to live in the UK?

You're right, I was looking at the wrong link. To go back to the poster questions.
I am in the same situation, married to a UK citizen. In my case, I am still a step behind the poster as I am only now applying for my IRL. But, hopefully, if I am eventually approved, I will go through the same process so...

1. Can I apply now ( instead of year later) since I have ILR and am married to a Brit citizen and have lived in UK more than 5 years.
--Just to be clear what you are saying is as soon as I have my ILR approved, I can apply for British Citizenship.

2. Can I apply and still travel out of country after I submit my application.
--I would still have the same questions. If everything went well and there were no delays, there is a chance I get be approved for British Citizenship by next summer, but if not and I am still waiting, could I travel out of the country. 

3. What is the key info I need.
--That appears to be in the link provided.

4. How long before hear back about application.
--Same

I would add, since I have already live in the UK for the past 5 years, it probably doesn't make much difference that I traveled out of the UK for 3 weeks a couple years ago. Just to be clear about the 3 year rule, is that correct? Thank you.

I would add, since I have already live in the UK for the past 5 years, it probably doesn't make much difference that I traveled out of the UK for 3 weeks a couple years ago. Just to be clear about the 3 year rule, is that correct? Thank you.

This will answer most of your questions-
https://www.gov.uk/apply-citizenship-spouse

Have a read of the link. Your British citizenship is at the discretion of the Home Secretary as you do not have an automatic right to have British citizenship. There is no appeal if you  make a mistake and you will lose your fee.

Your 5 years was to get ILR (Immigration law). Immigration law stops at ILR. Citizenship is under Nationality law, where holding ILR is just one of the requirements to be met.

If you read the link above, for you the 3 year rule does matter.

When to apply

You must have been physically present in the UK exactly 3 years before the Home Office receives your application. Your application may be rejected if you cannot prove this.

Example

If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2019 and returned to the UK on 25 June 2019, you will not qualify. You’ll need to wait until 24 June 2022 to apply.

The date the Home Office receives your application depends on how you apply. If you apply online, your application will be received on the same day. It will take longer if you apply by post.
https://www.gov.uk/apply-citizenship-spouse

You also have to meet all the other requirements. It's going to be much easier to understand when you read the link.

That is the exact portion of the link I was referring to in my question. From the example they use,
"If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2019 and returned to the UK on 25 June 2019, you will not qualify. You’ll need to wait until 24 June 2022 to apply."

Does that mean, because the person was out of the country from the 10th of June 2019 till the 25th of June 2019, they can't apply for citizenship till 3 years from that date. No matter how long they may have already been living in the UK.
So, if I left the country for 3 weeks in August of 2019, does that mean I cannot apply to become a citizen until  August of 2022.
And if I went on a trip next August, 2022 that means I wouldn't be able to apply to become a citizen till 2025.
Doesn't seem to make sense to punish someone for taking a holiday out of the country or visiting family, but then again that may just be the way the law is written, so I  wanted to be clear about that as that would basically prevent me from visiting family next summer.
And, of course, I would have to wait till next year to apply to become a citizen. Thank you.

That is the exact portion of the link I was referring to in my question. From the example they use,
"If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2019 and returned to the UK on 25 June 2019, you will not qualify. You’ll need to wait until 24 June 2022 to apply."

Does that mean, because the person was out of the country from the 10th of June 2019 till the 25th of June 2019, they can't apply for citizenship till 3 years from that date. No matter how long they may have already been living in the UK.
So, if I left the country for 3 weeks in August of 2019, does that mean I cannot apply to become a citizen until  August of 2022.
And if I went on a trip next August, 2022 that means I wouldn't be able to apply to become a citizen till 2025.
Doesn't seem to make sense to punish someone for taking a holiday out of the country or visiting family, but then again that may just be the way the law is written, so I  wanted to be clear about that as that would basically prevent me from visiting family next summer.
And, of course, I would have to wait till next year to apply to become a citizen. Thank you.

No, you just must not have been out of the country on the date exactly 3 years earlier than the date you apply. You wouldn't have to wait 3 years.

The other criteria for residency are -To be eligible, you should not have:

spent more than 270 days outside the UK during the 3 years before your application
spent more than 90 days outside the UK in the last 12 months

Hello Larrabee,
Sorry, just to be clear as I have a million things going on in my mind at the moment so I am probably missing the obvious that is clear to everyone else.
To be specific instead of using general examples,
If went on a holiday in August of 2019 and came back on August 10th, 2019. However, I haven't been out of the country for more than 3 weeks since I moved out here over 5 years ago.
So, in my case, can I apply for citizenship, once again hopefully, once my ILR gets approved. Or will I have to wait to apply to apply for citizenship till August 11th, 2022. Thank you taking the time to clear all this up for me.

Hello Larrabee,
Sorry, just to be clear as I have a million things going on in my mind at the moment so I am probably missing the obvious that is clear to everyone else.
To be specific instead of using general examples,
If went on a holiday in August of 2019 and came back on August 10th, 2019. However, I haven't been out of the country for more than 3 weeks since I moved out here over 5 years ago.
So, in my case, can I apply for citizenship, once again hopefully, once my ILR gets approved. Or will I have to wait to apply to apply for citizenship till August 11th, 2022. Thank you taking the time to clear all this up for me.

In that scenario, you can apply as soon as you have your ILR BRP in your hand.

Thanks Larrabee,
I thought it wouldn't make sense if people would get basically get punished for taking a holiday out of the country. But, like I said I have so much going on right now that it really helps to have you and everyone else here to help. Not just with this question, but all the questions I have had over the years. Thanks again,

Yes, I was also confused by that statement too Oden. I find the Home Office statement below quite confusing.

"If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2019 and returned to the UK on 25 June 2019, you will not qualify. You’ll need to wait until 24 June 2022 to apply."

Also still not clear if I can leave the country after I submit my citizen application. For example, if I submit tomorrow. Could I visit the US in 2 months even if decision has not been made?

Many thanks!

Lori