vimal
  • vimal
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12 years ago
Hi Ben,

if you look at the UKBA website


"

Immigration time restrictions


You must be free from immigration time restrictions on the day you make your application"


So your wife must be free from immigration time restrictions hence though its a pain in the arse you will have to apply for your ILR(SET(M). BUTTTT as soon as you have got your ILR you can apply for naturalisation right away dont have to wait any longer!


Hope this helps....:)


vimal

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benbeaton
  • benbeaton
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12 years ago
That is very helpful indeed. Thank you very much for taking the time to respond. 
benbeaton
  • benbeaton
  • 50.2% (Neutral)
  • Guest Topic Starter
12 years ago
I appreciate that this questions has been asked before but I would really appreciate some help. 

I am a UK citizen. My wife is American and moved here in Feb 2007 on a 5 year work visa (she was girlfriend, not wife, then). 

We got married in October 2008, however we didn't get FLR(M) until May 2010 as she continued to stay on her work visa. 

Since then we have had a baby who has a British passport. 

We are now coming up to the end of the FLR(M) and I understand that we need to apply for SET(M) before is expires. However, looking at the Naturalisation requirements, I couldn't see anything that would prevent us from skipping SET(M) and going straight to Naturalisation. This is because we have been married and living in the UK for more than 3 years. 

I think I saw in an earlier post on this forum that you have to be 'settled' (ie SET(M)) before applying for naturalisation. However I couldn't see that requirement on the UK Border Agency website. 

Any help would be very much appreciated. Thanks. 
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