# US Citizen residing in UK – ILR vs. Naturalisation?



## CuteCutie (Feb 7, 2011)

Hi everyone. I accidentally came across this forum and have found quite a lot of useful information, but a search through the forums didn’t yield the answers I am looking for. Hopefully someone here can point me in the right direction!

A short history on my immigration status:

I am a US citizen.
Summer 2005: came to London under a study visa for university
Summer 2006: began work for UK employer under employer sponsored work permit
Spring 2010: applied and received residence permit via Tier 1, to expire Spring 2013

I recently got engaged (to a UK passport holder but from Channel Islands) and trying to figure out the next step in terms of immigration status. My fiance and I do not know whether we want to remain in UK, return to US, or work abroad elsewhere in the near future (really depends on job market in the medium term). 

My question is, before my Tier 1 Residence Permit expires, I could apply for either ILR or become naturalised. But because we don’t know where we want to settle in the future, what would be the pro’s and con’s of ILR vs. naturalisation? 

Is there a difference between naturalisation obtained via marriage vs. having lived in UK for 5+ years?


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## Bevdeforges (Nov 16, 2007)

CuteCutie said:


> Is there a difference between naturalisation obtained via marriage vs. having lived in UK for 5+ years?


One difference is that normally you aren't eligible to take citizenship via marriage until after you've been married for a couple of years. (Someone here will know the specifics.) Other than that, there probably aren't any differences other than perhaps a little less paperwork if you claim nationality by virtue of being married to a UK citizen.

OTOH, there actually aren't all that many compelling reasons to take UK citizenship other than avoiding having to bother with ILR. (Well, unless you're overwhelmed with the desire to vote in UK elections.)
Cheers,
Bev


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## Joppa (Sep 7, 2009)

CuteCutie said:


> Hi everyone. I accidentally came across this forum and have found quite a lot of useful information, but a search through the forums didn’t yield the answers I am looking for. Hopefully someone here can point me in the right direction!
> 
> A short history on my immigration status:
> 
> ...


Let me just unravel your situation!
The years spent working in UK count towards the 5 years needed before you can apply for indefinite leave to remain (ILR). Accordingly, you can apply for ILR from Summer 2011 and I suggest you take that step regardless of your future intentions. For naturalisation, you need to have had ILR for a year (if you aren't already married to a British citizen). The difference between ILR and naturalisation is that while ILR can lapse if you stay away from UK longer than 2 years, British citizenship is for life. Also British citizenship confers all the benefits of EU citizenship, allowing you to travel, live, work or retire in just about anywhere in Europe, and join the quicker EU passport line at UK immigration and no need to complete an immigration form, as you have to now. There are no cons to gaining British nationality, especially as US now allows or at least tolerates dual citizenship.
You cannot apply for naturalisation without first obtaining your ILR status.
The difference between naturalisation through marriage and residence is, as stated, you can apply for it as soon as you obtain ILR status when married to a British citizen and not have to wait for further 12 months. Remember there is a strict limit to how long you can be away from UK during the qualifying period for naturalisation, and you need to pass Life in the UK test for ILR.

So what I suggest is that as soon as your 5 years is up, you apply for ILR. Then you are free to marry your British fiancé without having to apply for a change in your visa status, and as soon as you marry you can apply for naturalisation. If you then intend to move to US, your now husband has to obtain an immigrant visa from the US consulate, or get a K-3 non-immigrant visa and apply for residency after arrival.


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## CuteCutie (Feb 7, 2011)

Thanks Bev and Joppa for your quick replies.

I now understand that I need ILR before I can apply for naturalisation. Goodness me, by the time the Home Office has taken all those fees I'll have no money to pay for the marriage!

I am not particularly compelled to vote in the UK, altho as there seem to be no downsides to having a UK citizenship but added upsides, I think I will be following your advice in getting ILR as soon as possible, then work towards getting a passport. 

Now, I just gotta start saving...

Thanks for your advice!


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## RichardScott (Feb 7, 2011)

I would get the citizenship, don't have to worry about ILR expiring.


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## iseult72 (Feb 14, 2011)

*Naturalisation Expensive But a Permanent Solution*



CuteCutie said:


> Hi everyone. I accidentally came across this forum and have found quite a lot of useful information, but a search through the forums didn’t yield the answers I am looking for. Hopefully someone here can point me in the right direction!
> 
> A short history on my immigration status:
> 
> ...


I am not sure I can answer all your points, but I obtained my ILR through my (now ex) husband. I should have gone for naturalisation back then because it was much cheaper. Naturalisation now is very expensive and you have to take a citizenship (idiot) test and jump through hoops and pay off professionals to sign forms unless you happen to have some high ranking friends. I think I paid over £800 in various fees and that was a couple years ago.

The benefit is that my ILR specified that if I left for more than two years, it was at the discretion of the UK if I would be allowed back in on my original ILR or if I would have to apply all over again. I considered that it was possible in a family crisis that I could leave the UK but still want to return after a lengthy absence. 

As a non-EU citizen, my credit rating was problematic as everything is verified by the electoral register which I was not on until I naturalised which meant I could not get preferential rates on credit cards or loans or even get a broadband account with Virgin! 

I get no grief when coming through immigration into the UK with my UK passport, whereas I used to get interrogated every time I came in on my ILR in my US passport. I also get to go in the fast line now.

Now that I have my dual citizenship, it is final. I am free to live and work in either country and I never have to worry about being excluded from any benefits in either country. If the money is a problem, I can see why youwould want to consider an alternative, but if you have the opportunity, I would take it.


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## lauren 87 (Nov 27, 2010)

I was just issued my Spouse Visa in January and have now lived in the UK for a couple weeks now so I haven't done a lot of research on the "next step" because my visa doesn't expire until March 2013. I was under the impression that if you became a UK citizen you would loose your US citizenship, is this not the case?

All of this is so confusing, thanks for all the help!!

Lauren


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## izzysmum04 (Nov 26, 2007)

lauren 87 said:


> I was under the impression that if you became a UK citizen you would loose your US citizenship, is this not the case?
> 
> All of this is so confusing, thanks for all the help!!
> 
> Lauren


*
Hi, Lauren. No, you will not lose your American citizenship. This link from the US Embassy London web blog will give you all the info on dual citizenship. 

To the OP, I agree with the rest...get your UK citizenship. I got mine several years ago and it feels so good to realise that I don't ever have to worry about any type of visa again...can come and go between both countries without any worry or problems...not to mention can travel much easier anywhere within the EU. Definitely in the "Go For It" camp! *


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## CuteCutie (Feb 7, 2011)

Thank you to everyone who answered last year! Well, true to form, I have been thinking about applying for IRL, only to be thwarted by the need to take the Life in the UK Test. 

I finally got my act together and studied for the LiUK test, passed, and now attempting the set(O) form, where I am once again stuck and hopefully I can rely for some more expat help here!

As my first post, my first part of 5-year residency was under a Work Permit, while the second part was under Tier 1 General - how do I express this on the set(O) form? Do I select that I am applying under Tier 1 General category in section 3? Or do I select two categories...?

Many thanks for your help!


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## Joppa (Sep 7, 2009)

I'd say tick both (as you are allowed to combine both periods of stay) and write in the space below why. You still have to complete Section 9.


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## CuteCutie (Feb 7, 2011)

Joppa said:


> I'd say tick both (as you are allowed to combine both periods of stay) and write in the space below why. You still have to complete Section 9.


Thanks!! :clap2:


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