a bit confused and worried!

My american wife and I got married in feb 2011, she came over here in april 2011 on the spose visa.

She just took the Life in the UK test and passed (yay)

Now we found out she needs to pay for the application for citizenship which takes 4 weeks to send in and then up to 6 months to be confirmed.

The worrying thing is that the spouse visa expires at the end of May.

How can this be right, did we make a mistake in waiting too long to do the life in the UK test?

Im actually pretty worried that she will have to return to the US when her visa expires

She is not yet eligible for citizenship. What she needs to apply for is ILR.  And her visa status is fine as long as she applies before her visa expires in May.

right, so she needs to apply for ILR and that can only be done now she has passed the test?

i'll see if I can find information on the ILR

She is not yet eligible for citizenship. What she needs to apply for is ILR.  And her visa status is fine as long as she applies before her visa expires in May.

Is the next step not FLR?
Edit:-Oooh, old rules. Sorry.

ok, now im getting really confused!

The person at the test centre told her that ILR is the same as citizenship.

What is FLR? what do you mean old rules?
So we dont need to worry about the FLR?

ok, now im getting really confused!

The person at the test centre told her that ILR is the same as citizenship.

What is FLR?

I'm sorry rg. We're under the new rules and I was thinking of them when I replied.
FLR (further leave to remain) is the next step after the spouse visa under the new rules.
I edited my post.

The person at the test centre told her that ILR is the same as citizenship.

You don't need to worry about FLR. Her next step is ILR. ILR isn't the same as citizenship, but it's similar. She won't have a UK passport, and she can lose her right to live in the UK if she leaves the UK for a long enough time. Those are the two differences I know of. But, otherwise, it does what it says on the tin - indefinite leave to remain. Citizenship is an extra step (done after ILR) but isn't necessary.

ok thanks thats starting to clear things up.

A quick question, she was here since 2007 on a student visa before we got married. On the paperwork it says that you can apply for Citizenship when you have been in country for 5 years (3 years if you are married)

Can we skip the ILR visa and go straight for the citizenship?

Also, are you required to have passed the life in the UK test to apply for ILR?

Her spousal visa expires in May, if we apply for the ILR visa and it doesnt arrive in time what happens?

ok thanks thats starting to clear things up.

A quick question, she was here since 2007 on a student visa before we got married. On the paperwork it says that you can apply for Citizenship when you have been in country for 5 years (3 years if you are married)

Can we skip the ILR visa and go straight for the citizenship?

Also, are you required to have passed the life in the UK test to apply for ILR?

Her spousal visa expires in May, if we apply for the ILR visa and it doesnt arrive in time what happens?

- Not sure about the five year and skipping ILR. I don't think it's possible to skip ILR, as one of the requirements for eligibility for naturalisation is free from immigration time restrictions. That would be ILR. But someone else who knows for sure will give you an answer.

- Yes, passing the Life in the UK test is required for both ILR and citizenship, but you only have to take and pass it once.

- As long as you have sent in your new application before her visa expires, you're fine. Her leave to remain is automatically extended while a visa application is under consideration.

fantastic, thank you.

Next question. We are going to the US at the End of June, I assume we will have to mail her passport with the forms for the ILR?

Also am I correct that the ILR form is the Set(M) form?

and when applying should she use her married name or the name on her american passport?

She cannot skip ILR. She will need to send her passport and so it would be best to get an in person appointment so she won't be without her passport for a while. She must apply under the name in her passport.

ok thanks thats starting to clear things up.

A quick question, she was here since 2007 on a student visa before we got married. On the paperwork it says that you can apply for Citizenship when you have been in country for 5 years (3 years if you are married)

Can we skip the ILR visa and go straight for the citizenship?

Also, are you required to have passed the life in the UK test to apply for ILR?

Her spousal visa expires in May, if we apply for the ILR visa and it doesnt arrive in time what happens?

You can't skip ILR.  You must have ILR before you can apply for citizenship.  Yes you have to pass the Life in the UK test before you can apply for ILR.

When you apply for a new visa, the terms of your current visa remain in tact while your visa is being decided.

fantastic, thank you.

Next question. We are going to the US at the End of June, I assume we will have to mail her passport with the forms for the ILR?

Also am I correct that the ILR form is the Set(M) form?

- No, you can use the settlement checking service (http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(m)/scs/) which means you don't have to surrender your passport. However, travelling on your passport will invalidate your visa application. "You are able to keep your passport but we do recommend that you do not make travel plans whilst we consider your application as this will result in an invalid application which will be rejected." It's super expensive, but you could apply in-person if your application is straightforward. That would mean you have your decision on the day.

- The form is SET(M), yes.

- As for the name question, I really don't know. Hopefully someone else comes along soon!

Looks like we will have to do it on the day as from what I can see it can take up to 6months for the ILR application to come through :/