Residence Permit holder applying for citizenship - what if visa expires

[bbarling11]

Hi there,

My spouse Residence Permit expires in 3 weeks. I've been here for 5 years straight, originally from Australia.

I am eligible for apply for UK citizenship, but my question is do I have enough time?

What happens if I submit the citizenship application forms and my current visa expires, which it obviously will?

Thanks.

[CR001]

What is your current visa that you hold?

What does your 'residence permit' say??

On what basis do you qualify for Citizenship??

[bbarling11]

Thanks for the quick reply.

My residence permit is 'spouse/partner leave to remain'. Expiry date 2.5.2018. Issued Oct 2015.

I've qualify (I think) for citizenship as I've been living in the UK continuously for 5 years and am married to a British born citizen.

[CR001]

Have you held a spouse visa since 2013?

You cannot apply for citizenship if you do not have Indefinite Leave to Remain (ILR). You will need to apply for ILR first. Once you get that, you can then apply for citizenship if you meet all the requirements.

[bbarling11]

Yes, first spouse visa from Feb 2013 - Nov 2015

[CR001]

You need to apply for ILR on form Set(M) before your current visa expires.

https://assets.publishing.service.gov.u ... -04-18.pdf

Current fee is £2,389 for postal applications and £2,999 for in person same day decision application (if you can get an appointment).

[bbarling11]

Thanks very much for your help. I'll put the forms in next week.

A couple of extra questions if I may?

1. Can I apply for another 2.5 year visa or do I have to go for ILR?
2. If I need to retain my passport (for travel) during the decision period, is there options for this?
3. Is ILR permanent?

Thanks again,

Ben

[CR001]

1. Can I apply for another 2.5 year visa or do I have to go for ILR?

Yes you can apply for another 2.5 year extension if you wish. Postal cost is £1,033 plus £500 Immigration Health Surcharge. You will still need ILR though at some point before you can apply for citizenship. Fees go up every year.

2. If I need to retain my passport (for travel) during the decision period, is there options for this?

If you apply in person yes. If you apply by post, you should not travel out of the UK while your application is pending.

3. Is ILR permanent?

Yes, unless you are absent from the UK for 2 or more years, then it lapses.

[CR001]

Fees (click)

[bbarling11]

Thank you. How long does the postal process take ATM?

[CR001]

For a visa extension, roughly 8 weeks.

For ILR, it can take a few weeks to a few months or longer.

[bbarling11]

So during that 8 weeks I can't travel?

[CR001]

So during that 8 weeks I can't travel?

No. If your current visa has expired while HO is processing your application for either ILR or an extension, your Section 3C protection (visa conditions continuation) breaks and your application will likely be considered withdrawn. You also need a valid BRP card to re-enter the UK. You do of course have the option to apply in person for an extra £610 on top of the fees.

If you choose to travel, you risk having to start the 5 years process again from scratch.

[bbarling11]

Okay, that clears it up.

So ILR will be £2999 with premium, 2.5 year visa will be 1033+500+610 = £2143 ?

Also, how strictly is the 2 year absence ILR rule enforced? For example, I we lived in Australia in the future (or elsewhere) and visited the UK regularly (or even once a year) would this satisfy the criteria for ILR to remain valid?

Thanks again.

[CR001]

So ILR will be £2999 with premium, 2.5 year visa will be 1033+500+610 = £2143 ?

Correct yes.

Also, how strictly is the 2 year absence ILR rule enforced? For example, I we lived in Australia in the future (or elsewhere) and visited the UK regularly (or even once a year) would this satisfy the criteria for ILR to remain valid?

Fairly strictly. Short visits do not maintain ILR status. You only need to be stamped in once as a visitor and you risk yout ILR being superceded.

You can apply for citizenship as soon as you have ILR. If you apply online and use the NDRS service, you could get approval within 1 to 2 months. You can also apply for citizenship and passport simultaneously.

[bbarling11]

Cool. Thanks for your help. Much appreciated.