US Visa worries, please help!

[Sookeh]

Apologies in advance for how confusing this is. I feel totally overwhelmed.

Basically, DH has been offered a job near NYC. We all want to go and I am assuming this will mean we're put on L1B and L2 visas. My issue with this is that I am a Canadian citizen with ILR to remain in the UK (currently without a passport or a ILR stamp, erk). I've lived here my whole life but have, as of yet, not applied for citizenship.

What issues would living overseas for a few years have on my ILR and would this change once DH and I are officially married?

It's all so confusing! I am also wondering whether my mental health history (I was on a 72 hour section for post natal depression last year) would make it difficult to get a visa.

I'd so appreciate any advice at all because we have no idea what we're doing

I'm feeling a little more positive but just overwhelmed and still a little confused about the order I should do things in. How does this sound?

Apply for passport ASAP
Then apply for citizenship
Married

Then all the visa stuff.

I think you can do all three things in parallel.

You don't seem to need to have a foreign passport to begin the British naturalisation process.

Just don't give up your birth certificate if you don't have to, as you will need it for all three things.

It should be fairly easy for you to apply for a Canadian passport. The one thing to deal with is getting proof of ID with your signature. Your birth certificate will also be out of your possession for some time, unless you can apply in person.

For naturalisation, you have two things to do before submitting the application - collecting evidence of dates in the UK over the past five years, and doing your Life in the UK test (you will need photo ID for this). If you don't currently have a driving license, you can apply for one and have it within the week.

I would download the forms you need for Canadian passport and British naturalisation, and start filling them in. If/when you can't proceed, go and collect the required evidence, fill in another form etc, until you have a completed application. I think you will be less underwhelmed once you start doing something practical.

Try to stay as organised as you can. Get a ring-binder with dividers and poly pockets to keep all your papers in order in one place. :)

I have no other I'D to apply for the drivers license with so might have to wait until I get my passport?

Ring binder is a great idea.

It seems like they only want a medical card as proof of I'D for the passport, and that's the one thing I definitely have

Will start filling in the forms this afternoon.

Your ID need to have a signature. Does your NHS card have this?

Just checked the driving license website - it's all a bit of a catch-22, isn't it?

This means, basically, that you will have to wait until you have your Canadian passport before applying for British nationality. :(

Now I can't find my medical card but I'm not 100% sure it does have a signature on it. I hope it does.

Mine doesn't :(

Does you NI card have a signature band on the back?

I wonder if you could get your bank to give you a copy of your name and signature from their records, and if this would be acceptable?

Basically, the HC needs your name and signature on one official document.

My NI does have a signature band, do you think that would do? (I don't have a bank account as just use DH's, I know this is silly but due to lost I'D and such it's been really hard to open one)

I really am a mess of a person .

It says you can use a Canadian social security number card and your NI card is the UK equivalent.

I would be pretty hopeful on that one. They have an email enquiry service so you should be able to get confirmation. :)

Looking at Google images for Canadian Social Insurance Number Card, there is the same amount of info as your NI card. :)

Ooh it sounds like that would do then

Thank you so much for your help by the way, I really appreciate it

YW. It has made me think about getting my kids' Canadian citizenship certificates sorted out.

Let us know how you get on :)

In the UK, you have to apply for citizenship before you can apply for a passport. You need the certificate that you get at the citizenship ceremony for your passport application.

You can get married anytime in all that :)

Have had an email back from the embassy, I will be allowed to use my NI number as ID alongside my birth certificate. Well the exact wording is "we could consider it as your ID alongside your birth certificate" which seems like a yes to me? Such a relief.

This means I can apply for the passport as soon as I have the funds with little to no bother. Yay!

Yay!

So pleased for you!

Have had an email back from the embassy, I will be allowed to use my NI number as ID alongside my birth certificate. Well the exact wording is "we could consider it as your ID alongside your birth certificate" which seems like a yes to me? Such a relief.

This means I can apply for the passport as soon as I have the funds with little to no bother. Yay!

Oops, double post

Saw this on the british embassy website WRT to applying for citizenship

"You must intend to continue living in the UK"

I don't if it all goes well, we'll be moving to America. Does this mean I can't apply for citizenship? What should I then do if DH loses his job and we need to move back to the UK

It's a bit of a grey area.

If you apply as a spouse of a British citizen, this rule does not apply at all.

If you apply in your own right, the rule does apply but it is subject to judgment. If you are going to the USA for 3 years and intend to return to the UK, you intend to live long term in the UK. You won't be transferring domicile since you are not US citizens. But the adjudicating officer had to agree - he might not.

I don't see any disadvantage of applying as a spouse once you are married. It's not as if you are going to have your Canadian passport a long time before your marriage.

So your advice then would be to apply for citizenship after I'm married even though I qualify in my own right?

I have no issue doing that but just not sure how it works if you've had ILR since you were a baby (I've lived here 24 years)

I can't give you advice, but I see a lot of advantages of applying as a spouse and no disadvantages.

I wouldn't worry about the intentions bit. Apply now when you don't know if you're leaving or not so you can honestly say that you intend to live in the UK. Then no-one asks again!