Travel after citizenship application - expired Visa

[benohart]

Hi,
I am an Australian citizen and have been in the UK for almost 5 years, Visa is dependent on my wife who had an ancestry visa.
My wife has just received her UK passport and as I have been living here for more than 3 years and married (8 Years) to a british national I can also apply for citizenship.

Problem is, I am travelling to Australia for three weeks in march and when I return to the UK my current Visa will be expired.
I know I will still have the right to stay in the UK until my application is decided, but will they let me back in if I leave??

Anyone experienced this or know the rules?
Thanks!

[Greenie]

You can't apply for citizenship until you have indefinite leave to remain. What visa do you have currently?

[benohart]

Hi Greenie,

Thanks for the reply. I am currently on Accompany Spouse Visa.
The below are direct from the hime office. Doesn't mention needing ILR ir you are husband of a british citizen?

There are seven requirements you need to meet before you apply:

· you are aged 18 or over; and
· you have sufficient knowledge of life in the United Kingdom; and
· you are of good character; and
· you are the husband, wife or civil partner of a British citizen; and
· you meet the residential requirements

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

· 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; and
· have not been in breach of the immigration rules at any stage during the three-year period.

[CR001]

You need to apply for ILR on SET(O) before you current visa expires before you can apply for naturalisation as you have to be free from immigration restrictions (ILR). The paragraph you have quoted is only relevant to people that entered the UK on a Spouse of Settled person / British Citizen which you did not.

Once you have received ILR, you can then apply immediately for naturalisation as spouse of BC. You will not need to wait the 12 months on ILR first.

I honestly don't see how you will be allowed back into the UK with an expired visa. As you don't need a visa to enter the UK, if your visa is expired, they will issue you with a visit visa. What is the expiry date and issue date of your visa and what are the dates of your entry to the UK. If you apply for ILR in person, the decision will be made on the day and the biometric permit is delivered within 10 days.

[benohart]

Oh dam!

So ILR SET(O) £991
+ Naturalisation £851

This is going to get expensive. I assume then if I applied under FLR(M) I would still not be able to apply for naturalisation?

Visa issued 20th March 08
Exp 20th March 13

Travel March 22nd return April 7th

Thanks for the help!!

[CR001]

So you can apply for ILR up to 28 days before visa expiry, so towards end of Feb and if you can get it done at PEO it will be better. You can wait to apply for BC and can do it whenever you want after ILR. You can book PEO appts up to 42 days in advance on the booking system, postal takes longer and you will be without your passport so wouldn't be able to travel anyway.
Flr(M) is a spouse visa which is another 5 year visa and you will still need ILR before you can apply for BC. ILR on this route is applied for on Set(M), so not the best route for you as you will be paying for a visa and ILR anyway.
Unfortunately it is an expensive process but no shortcuts to do it in. My journey to BC for myself and my daughter has cost me about £7,500 in 4 years, but well worth it!

[benohart]

Thanks Again CR001.

So I guess if I apply for ILR first, there is no rush to get BC. So I can do this any time afterwards.

So what is the advantage in applying for SET (O) vs SET (M)

As my wife now a British passport, I would have thought SET (M) to be the best route?

Cheers
Ben