canadian - naturalization or ILR???

I am a new to this posting thing but I have found loads of information here. However I need some information relevant to my situation. Hope you can help and I would like to apologize in advances for the zillion questions!!

Heres my background info.
Canadian citizen married to Brit. I am currently living in Wales on a 2 year spouse settlement visa which expires 01.11.08. My first entry to Wales (without absence over 90 days) was 28.05.05 (purely visiting) then I left in early July. Returned to UK 23.08.05 on a working holiday visa. My husband and I were married on 30.09.06 and we went to Canada in October 2006 to get my settlement visa. My entry back into the UK was on 09.11.06. (had a few short holidays since we were married but no absence longer than 2 weeks).

So I am wondering whether or not I will be able to apply for naturalization in 2008? I am married to a british citizen and will have been resident for three full years on 23.08.05 (therefore assuming I can apply for naturalization on 25.07.08. However does the three years start from when we were married or when I first entered the country? Does it matter that I first entered on a different type of visa? If different visa matters then does that mean my two years starts from when I last entered on my new visa in nov 2006? Does one have to have ILR before applying for naturalization? If I am able to apply for naturalization would I have to wait until my two year visa expires or could I apply as soon as my three years in the country is up?

If I am not eligible for naturalization in aug 2008 then I also need some info about ILR - simply, i work for one of the councils in Wales and my visa will expire on 01.11.08 as mentioned. However as I understand it the earliest day I can apply for ILR would be 11.10.08 given that my last date of entry on that visa was 09.11.06. However this does not leave much time for the application process and i am worried about my job. Does the visa expiry date 'freeze' once the application form has been received? Is there any documents provided or available anywhere that could be given to my boss to show this?

Lastly, I am wondering if anyone knows if I will encounter any problems in applying for either naturalization or ILR due to the fact that my passport is in my maiden name but all my documents (ie house bills, bank stmts etc) are in my married name. I do of course have a marriage license but the canadian passport would not accept this as evidence alone when I renewed my passport and therefore it was issued in my maiden name again - very annoying.

Thanks in advance for any help you might be able to provide and I am sorry for the above 'book'!! Ps. I am already aware of the life in the uk test.

You can apply for ILR on 9th November 2008 (or 28 days before this date) and can apply for British citizenship as soon as this is approved.

It won't matter if the passport or anything else is in your maden name.

Victoria

VictoriaS wrote:You can apply for ILR on 9th November 2008 (or 28 days before this date) and can apply for British citizenship as soon as this is approved.

It won't matter if the passport or anything else is in your maden name.

Victoria

Thanks for your very speedy reply - does this reply mean that I will not be eligible for naturalization prior to getting ILR? I am concerned about the monumental costs of both!!

You need to appreciate that you need to be clear of immigration restrictions when you apply for Naturalisation. Accordingly, assuming the Naturalisation application is made in the UK, you must have ILR before applying for that Naturalisation.

However a quirk in the UK law says that if you are outside the UK at a particular moment in time you are actually free of UK immigration restrictions, at that moment in time. Accordingly if you submitted your Naturalisation application outside the UK, for example at the British Embassy in Dublin, or the BHC in Canada, there would not be a need to obtain ILR.

Have a read through this topic. We are talking here about using the Ppron method, as named after member ppron747, a former Moderator of this Board, who sadly passed away last January. Do appreciate that the method is highly technical.

But if the method was used, on the facts posted by you you could apply for Naturalisation outside the UK in say early June 2008. That is because you were in the UK (legally) exactly 3 years earlier. This assumes that you have passed the Life in the UK Citizenship test prior to submitting the application.

Finally, the Ppron method is no doubt in the category of a loophole in the legislation, and loopholes are liable to be closed without warning. So no one is able to guarantee that the Ppron method will be around in even 6 months time. Again I emphasise that the method is highly technical! But if it works, it would cut out the need and expense of applying for ILR, and also bring forward the application date by say 6 months.

John wrote:You need to appreciate that you need to be clear of immigration restrictions when you apply for Naturalisation. Accordingly, assuming the Naturalisation application is made in the UK, you must have ILR before applying for that Naturalisation.

Thanks for that John - reading through hundreds and hundreds of posts is scrambling the brain! You have (and Victoria) have bascially confirmed what I needed to know - that ILR is the first requirement before naturalization - won't be making the application form outside of UK as will be about the time will be giving birth instead (this could make travel a little hairy

Another question - i work for one of the councils in Wales and my visa will expire on 01.11.08 as mentioned. However as I understand it the earliest day I can apply for ILR would be 11.10.08 given that my last date of entry on that visa was 09.11.06. However this does not leave much time for the application process and i am worried about my job. Does the visa expiry date 'freeze' once the application form has been received? Is there any documents provided or available anywhere that could be given to my boss to show this?

do you (or anyone) else have any thoughts on this?

Assuming the visa application is made prior to the expiry of the old visa then you will have so-called Section 3C protection. That is, the old visa is "treated as continuing" until they get round to dealing with the application, even if the stated expiry date has passed.

Accordingly as the current visa allows you to work, that right will not cease if the new visa is not issued by the stated expiry date.

I emphasise that Section 3C protection is only in play if the visa application is made prior to the expiry of the old visa.

Congratulations on the pregnancy.

John wrote:Assuming the visa application is made prior to the expiry of the old visa then you will have so-called Section 3C protection. That is, the old visa is "treated as continuing" until they get round to dealing with the application, even if the stated expiry date has passed.

Accordingly as the current visa allows you to work, that right will not cease if the new visa is not issued by the stated expiry date.

I emphasise that Section 3C protection is only in play if the visa application is made prior to the expiry of the old visa.

Congratulation on the pregnancy.

Thanks for the congrats.

And more so thank you for easing worries - even though i am a bit premature in worrying as have almost a year to organize things (and save for the visa - urgh). Sorry to keep on questioning but do you happen to know where I might find information about section 3c? As in something I could get a hard copy of to pass on to my employer.

Many thanks again!!

See also Chapter 1 -General provisions, Section 5 - Section 3C and 3D of the Immigration Act 1971 (as amended)

See also The Pregnancy Book 2007 and Birth to five: 2007 edition

thanks very much for the link - very reassuring to have something I can give to my boss

And thank you Vinny -the was very kind and thoughtful of you to provide the pregnancy links as well. A firstimer can never get enough info!!