So confused! Please help

[Sookeh]

I am a Canadian citizen living in the UK with ILR. I lost my passport years ago and now am applying for a new Canadian passport this week as my partner and I are moving to America in the late spring.

My problem is that I have no proof I'm allowed to be here, other than my home office document and I know I can't use that to re-enter the UK

Do I still need a stamp in my passport or just a bio metric residence permit? Does anyone know how long it is likely to take to get one?

I'm just a bit overwhelmed as I've had issues with my passport too and the longer all of this takes the longer DH will be apart from me and the children

Any help would be so appreciated.

[natation]

without seeing what you have as a HO document, I cannot answer your question. The residence permits inside a passport are not yet obligatory, although most people who travel now have them, those who don't tend to travel with an old passport with an old ILR vignette stuck in them.

To keep up British residency, you need to come back AT LEAST once every 2 years or you will normally lose your ILR status. I'd personally be taking British citizenship, but as you're leaving, I don't see how you can do that, without many trips back to the UK.

[Sookeh]

I'm applying for citizenship and I've been told that as I'm married to a British citizen I can have the ceremony abroad.

Obviously though I might want to come back to the UK if there's issues with this/to visit relatives but I need my stamp to be able to do this.

I have no idea what to do

[natation]

Then why don't you get your ILR in your Canadian passport?

www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/transfer-visa-to-passport/

Without seeing actual document, I couldn't say whether it passes as proof of ILR.

[Sookeh]

I have no old passport with a NTL stamp with which to apply. I also have no police reference number I'm sorry if these questions seem a little stupid, this is just all very new to me and I'm overwhelmed.

[natation]

You don't need an old passport to get a biometric residence permit though.

Why don't you just stay here and wait for British citizenship? My husband lives in a different country to me and see the family for 4 days a month, my friend's husband is about to start a job on the other side of the world and the children will see their dad only during holidays, Armed Forces families often find themselves away from the husbands/wives for half the year on average, sometimes in stretches of a year apart. Why not wait? British citizenship doesn't take that long to obtain.

[Sookeh]

I can't apply for citizenship until I have my passport, then I'll have to wait to get it (which I've been told can take six months) then I'll have to wait and apply for my British passport.

Might take a long time but I know it's the most sensible route

[natation]

sooker, which year were you born in? Just asking as it's possible you might have the "right of abode". If you do, you could apply for the certificate of entitlement to right of abode which is put into a Commonwealth national's passport. Anyone with right of a abode has no restrictions to live and work in the UK. It sure might be less complicated than applying for British citizenship whilst at the same time emigrating to the US for a while.

www.ukba.homeoffice.gov.uk/britishcitizenship/right-of-abode/commonwealth/

[lozzyblue]

I am a Canadian citizen with the right of abode in UK. Have no idea how to go about organising it as my parents did it when I was a kid and I just have it renewed with my passport. Don't think that's any help to you at all, but definitely an option you should look into!

[solittletimeandsomuchtodo]

Hijack here, sorry op.
Nat-how long does British citizen process take? We got ILR
Last march and believe we can apply for it after twelve months but roughly how long does this take?

[natation]

Hi sorry, never worked directly in nationality section so cannot give you a timespan but I guess if straightforward application, perhaps 6 months, worth finding a telephone number and asking direct.

For a non spouse NATURALISING, the qualifying residential period PRIOR to application is 5 years, doesn't depend on how long you've had ILR for, but yes in addition you must also be free of restrictions ie ILR or EU national. This is for adults only, children can REGISTER. Spouses of British citizens have a shorter waiting period of 3 years. So if you have been residing in the UK since 24/1/2008, then you can apply now. You get a discount if husband and wife apply together, it's only £1317!!!!

You can read up about it here.
www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

[natation]

Sookeh, if you have right of abode, having it in your Canadian passport is only £165 instead of £851 for naturalisation. The only advantage of naturalisation is that you are then an EU national and can live anywhere in the EU/EEA and Switzerland, with right of abode, you can only live in the UK or Ireland without restrictions...... but then as the spouse of a Brit, you can apply to live in the EU/EEA/Switzerland as his dependent, just not independently.

[anonymosity]

Is there an immigration lawyer who can advise you? If you had the correct original documentation that will be on record and whoever issued it should in theory be able to provide duplicates / evidence of the original process.

[natation]

I'd advise the OP to steer well clear of any lawyer or immigration advisors, I have yet to meet one actually concerned about their clients. OP is not having difficulties with her documentation as far as she's said, other than loss of Canadian passport, she is in process of getting a new one and at the same time wishing to emigrate and soon after obtain British citizenship. Patience is all she needs, unfortunately there is little time for her :-( but things like this take time, no lawyer or immigration advisor would make a difference. Advice on here is free too.

[anonymosity]

Nonsense natation. That's exactly what immigration lawyers are for and I've personally only had extremely helpful advice from them, as a Brit overseas. If you plunge forward in ignorance that's when you slip through the cracks or make mistakes.