# American Citizen wanting to become British citizen (already have indefinite leave)



## jmhward (Aug 2, 2010)

OK So I am an American citizen married to a British citizen, I already have Indefinite Leave, but I was wanting to become a British citizen. Now here's the twist , Ive had to leave England to take care of my parents (they are both Ill) a year an a half ago and have been living in the U.S. if I stay away for another 6 months or something like that I'll loose my Indefinite Leave , so I wanted to become a British citizen. Is this something i can do in a couple of weeks? (i can probably only get 2 weeks off from work) ?Or does it take an significant amount of time?? (I would hate to loose my visa and not be able to come back if anything happened to my parents) Please Help!:confused2:

More info...

My son and husband are both british citizens.
I also lived in the uk for 5 years before moving back to the U.S. 

Any info would be greatly appreciated.


----------



## jennifer_sita (Jul 22, 2010)

jmhward said:


> OK So I am an American citizen married to a British citizen, I already have Indefinite Leave, but I was wanting to become a British citizen. Now here's the twist , Ive had to leave England to take care of my parents (they are both Ill) a year an a half ago and have been living in the U.S. if I stay away for another 6 months or something like that I'll loose my Indefinite Leave , so I wanted to become a British citizen. Is this something i can do in a couple of weeks? (i can probably only get 2 weeks off from work) ?Or does it take an significant amount of time?? (I would hate to loose my visa and not be able to come back if anything happened to my parents) Please Help!:confused2:
> 
> More info...
> 
> ...


There is a process to be naturalised...and it will take longer than 2 weeks. You should have a look at the UK Border Agency's website: UK Border Agency | How do I apply for naturalisation as a British citizen?. There is an application guide for those applying for naturalisation on the website. The bit that applies to your circumstances (as you outlined above) seem to be on page 5 of the guide,


> During the 5 year period you should not have been absent from the UK for more that 450 days of which no more than 90 days should have been taken in the last 12 months. If you are married to or the civil partner of a British citizen you should not have been absent for more than 270 days during the last 3 years, of which no more than 90 days should have been taken in the last 12 months. There is discretion to allow absences above these normal limits


. Also, I think you still have to write the Life in the UK test...


----------



## Joppa (Sep 7, 2009)

jennifer_sita said:


> There is a process to be naturalised...and it will take longer than 2 weeks. You should have a look at the UK Border Agency's website: UK Border Agency | How do I apply for naturalisation as a British citizen?. There is an application guide for those applying for naturalisation on the website. The bit that applies to your circumstances (as you outlined above) seem to be on page 5 of the guide, . Also, I think you still have to write the Life in the UK test...


Yes, they do allow discretion for compassionate reasons like having to care for sick or elderly relatives back home. In that case you need to show evidence of how you've kept in touch with your family in UK through visits, phone calls and emails. If your whole family have moved to US with you, then it will become more difficult to prove your continuing link to UK, as Home Office may argue that your home is now in the US and you have no intention of making UK your home. Plus the fact that you seem to have actually moved to US for 18 months (with a job and all), rather than making a series of long visits while retaining your base in UK, can work against you. I suggest you consult a UK immigration lawyer and discuss your chances, as a failed naturalisation application will make future success more difficult. You, or your husband, can approach the citizens advice for referral to a free or cheap legal advice. Naturalisation application currently takes around 6 months to process. Yes, you will have to pass Life in the UK test, but it shouldn't be a major problem. Just get the official book and study it.


----------

