You'll have to have 3 years of solid, bona fide living in the United Kingdom. 18 months is not enough, and if you move to the States for two years and then come back, I'm afraid you'll just have to start over. If you can stay for two years before going, however, you can get Indefinite Leave to Remain, which will make your return easier. (ILR runs out after two years if you leave the country, but you can keep it by making periodic returns.)

Thanks for your reply. Actually, I stay in UK for 16 months now and I was  outside the United Kingdom for about 30 days. Can I come back from US after another 8 months to apply for Indefinite Leave to Remain?

And what do you mean about keeping ILR by making periodic returns? How long is the period before I have to return to UK to keep my ILR? And how long I can keep my ILR. What do I need to do if I want to apply for citizenship after I had my ILR?

Thanks again.

The simple answer is that, if you stick to your current plans, then you will not be able to apply for either ILR or British nationality. To get ILR, you (as a person married to a Brit) need to have 2 years bona-fide good-faith residence in the UK, and to apply for citizenship, you'll need one extra year on top of that. With a total of 9 months away, out of 24 months, you'll have missed more than a third of the time you need, and the Home Office (quite rightly) will not allow you to apply time spent living in America to gaining British nationality.

If you move away for two or more years, you'll have to start the process all over.

What may help slightly is staying the few extra months and getting ILR before you leave. This does not mean you can dispense with your 3 years' residence over when/if you move back; the Home Office simply will not ignore that much time away, and you will have to start over. But it would mean that you wouldn't have to get a limited visa and ILR all over again. You could just turn up and wait out your 3 years. Otherwise, if you leave now, you'll just have to start over from scratch when you return in two years' time.

what I meant by ILR expiring: **if you remain living in the UK**, ILR never expires; it is permanent by definition. However, **if you move away from the UK**, it will expire after two years if you fail to show a significant continuing involvement and presence in the UK. Basically, you have to come back from time to time; and, overall, it is best to move back for settlement within two years of leaving.

Hi,

I don't know if this will answer your question or not but maybe if I tell you what happened to me, which is similar to you, maybe it will help out.

I had a 2 year ILR too.  Had numerous problems when I first arrived.  Went back to the states & stayed for 7 months.  Three of those months my husband was with me.

I came back to the UK & now have my application into the Home Office to apply for another 2 years ILR since I had been out of the country for so long.

My visa advisor told us that in order to show the UK you are serious about wanting citizenship is to stay in the UK.  I am allowed to go out for 30 days in 2008 & 30 days in 2009.  If I stay out any longer it would appear to them that I don't want to live in the UK.

Nothing was said about periodic leaves but the more you come & go I believe the less likely citizenship would be granted.  You have to remember that every case is different.  Might be a good idea to seek out a visa advisor.

Good Luck

... and, actually, all of that's perfectly fair. I came over as a student (time which doesn't count towards citizenship) and, as luck would have it, I didn't marry a British national. As a result, it took me 10 years to become eligible for ILR, and another year to get British nationality. 11 years, and then some. (I still haven't been able to attend a scheduled ceremony yet; next one won't happen till next month.) There are others like me. And some like you. Most are in between.

But if i thought it was possible simply to turn up in the UK one day, marry a Brit the next day, get a visa the next day, and then disappear off to another country the day after that ... and still claim British citizenship without any commitment to living in the UK or without any attempt to earn it ... then I'd be pretty cross, actually.

Thank for the reply. I am afraid that I just have to give up the application for the citizenship or ILR. And do it all over again if my husband and I come back from US 2 years later.

And good luck to everyone.

Hi, guys

I stayed in UK with my husband (he is English) for one and half years now after my first Entry (marrige basis). Now we have to move to US because of my husband's job. And we will stay in US for at least two years.

So when can I apply for the citizenship?  Or I just can't apply because I can't complete three years in UK? Is there anything that I can do to help me with the application?

Thanks a lot as I really need help.