Visa Timeline - Spouse to ILR to Citizenship

[lyuk2010]

Hello there!

I am seeking some help regarding my visa timeline, as I wish to apply for Naturalisation and I'm concerned about meeting the residency requirements. My timeline is as follows:

March 2006 - Working-Holidaymaker Visa, arrival in the UK from Australia
March 2008 - Marriage/Spousal Visa Granted
March 2010 - ILR Granted

On first glance I am eligible to apply in that I am: married to a British citizen, have resided in the UK for over 3 years and currently hold ILR.

The form requires the 'Date and place of first arrival in the UK'. This seemed straightforward and I was inclined to enter 'March 2006', until I checked the Guirde. Confusingly, the Guide stipulates that I should 'Enter the day I first arrived with a view to staying in the UK on a long-term basis'.

The terms and conditions of the Working-Holidaymaker visa state something like 'The Visa Holder is not entering the UK with a view to reside in the long-term', so I would be inclined not to enter this date after having read the Guide. Indeed, I didn't originally enter the UK with a view to staying permanently, but met my hubby-to-be soon afterward and realised this is where I would like to make my home.

What to do?! Should I wait until March 2011 so that I have been married for 3 full years before applying or might I be eligible now?

Any help much appreciated! Ta

[vinny]

You may be eligible now.

[lyuk2010]

that's a bit ambiguous...

[vinny]

It depends on whether you satisfy all the requirements.

Time spent on Working-Holidaymaker Visa may be included for the Residential requirements.

[lyuk2010]

I satisfy all other requirements, but I suppose I'm asking for opinions regarding the residency timescale aspect...

[vinny]

Click on my links above for more information.

[lyuk2010]

i did! ambiguous!

[MPH80]

To keep this simple - residency in the UK (for the purpose of citizenship) is defined as being present in the UK legally. So time on a WHM visa will count.

See my "discussion" (which got a little out of hand) with sushdmehta here http://www.immigrationboards.com/viewtopic.php?t=63271

For info on the which date to put thing - I would put down the date you first arrived (presuming you didn't leave between the WHM and Marriage visas) and add an explanatory note stating that you met your partner while here and decided to marry.

M.

[lyuk2010]

Cool. Good advice!

Matches my original plan too.

Thanks a load.

[John]

lyuk2010, in reading the topic as linked to by MPH80 I think you need to appreciate that such topic deals with an application under the 5-year rule, but you will be applying under the 3-year rule, as the spouse of a British Citizen.

I am not sure what you are finding ambiguous in the links provided by Vinny.

If you want a definitive answer to when you can, and indeed cannot, apply for Naturalisation, please post details of your movements in and out of the UK in the last 3 years ... exact dates please.

The fact is that you could well be time-qualified to apply now, or in the near future ..... before the application fee increases again as from 1st November. Trying to save you money here!