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ILR(M) with 1 month marriage but 4y of living together?

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angela1
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Joined: Thu Jul 01, 2004 8:04 am

ILR(M) with 1 month marriage but 4y of living together?

Post by angela1 » Thu Jul 01, 2004 8:16 am

My situation is as follows:

I am non-EU citizen and stayed in UK on a student visa from Sep 1997 to July 2003 to complete my under/post graduate studies. Continued with 1 year Business/Self Employed visa (I actually had all 10 fingers necessary for my job - musician) that expires at the end of July.

In the last 4 years (and a bit) I lived together, at the same address, in a relation "akin to marriage" with my partner. One month ago with got married and now I am about to apply for the 2 years FLR(M) via the Croydon Public Enquire Office fast service.

The FLR(M) has been their advise but my question is: What are my chances in applying for ILR(M) and skipping the 2 year "probation" considering that me and my husband have been together for more then 4 years but NOT married? The ILR form is unclear in the definition of "4 years together". For the fiancée path it is obvious what the 4 years mean but for the married path do they expect 4 years of ONLY marriage?

My other question is: If I obtain the ILR and with my history of stay in UK, do I still have to wait 3 years to apply for naturalisation or can I do it after 1 year?

I need to apply asap so your advice would be most helpful.

Thanks in advance.

Chess
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Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Re: ILR(M) with 1 month marriage but 4y of living together?

Post by Chess » Thu Jul 01, 2004 8:25 am

angela1 wrote:
My other question is: If I obtain the ILR and with my history of stay in UK, do I still have to wait 3 years to apply for naturalisation or can I do it after 1 year?
All else being equal - you can apply for naturalisation immedeately upon receipt of ILR. You dont have to wait for 3 years.

Good Luck
Where there is a will there is a way.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Jul 01, 2004 8:29 am

angela 1 wrote:The FLR(M) has been their advise but my question is: What are my chances in applying for ILR(M) and skipping the 2 year "probation" considering that me and my husband have been together for more then 4 years but NOT married? The ILR form is unclear in the definition of "4 years together". For the fiancée path it is obvious what the 4 years mean but for the married path do they expect 4 years of ONLY marriage?
Nothing to do with the Forms - the amendment to the immigration rules giving those married or in a relationship akin to marriage to a person present and settled in the UK (I presume your husband is a British Citizen)direct ILR applies to where the couple have been together for at least 4 years abroad . You may however try for a concessionary application outside the rules.
angela 1 wrote:My other question is: If I obtain the ILR and with my history of stay in UK, do I still have to wait 3 years to apply for naturalisation or can I do it after 1 year?
Applicants married to British Citizens can apply for naturalisation as soon as they get ILR subject to meeting all the other requirements e.g. legal residence i.e. 3 yrs in UK with no absences as defined = not more than 270 days over the 3 years and not more than 90 days in the last year preeceding the date of application, passing character tests etc.

Let us know how it went.

angela1
Newly Registered
Posts: 2
Joined: Thu Jul 01, 2004 8:04 am

Post by angela1 » Thu Jul 01, 2004 3:44 pm

Thanks for your very prompt reply but, sorry, I am still a bit confused. Do I have the right to apply NOW for the ILR or I have to go via the 2 years FLR(M) route? And about my husband, yes, he is British citizen.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Fri Jul 02, 2004 8:27 am

angela 1 wrote:Thanks for your very prompt reply but, sorry, I am still a bit confused.
With all due respect have you really read my response? - I don't see any confusion in it. To repeat - as the immigration rules stand you cannot apply for ILR now - you must go through FLR for 2 years. We accept you have been together for the 4 years but these have been in the UK not abroad/ outside the UK. However you can ask the Home Office to exercise discretion and grant you ILR outside the rules - IMHO they won't but you don't know till you try.

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