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British Citizen spouse

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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lko33
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Joined: Fri Jul 29, 2016 7:39 pm

British Citizen spouse

Post by lko33 » Fri Jul 29, 2016 8:11 pm

Hello,

Both my wife and myself came in the UK as students in Sep 2007.
We married in the UK with UK marriage certificate in Aug 2009.
We both applied for Post Study Visa in Dec 2008
I applied for Tier 1 General from Feb 2010.
My wife was on a Tier 2 visa from July 2009 to June 2014.
She left her company just before she was eligible to apply for ILR in July 2014.
She transferred from her Tier 2 visa to become a dependant on my Tier 1 General visa in July 2014.
In Feb 2015 I qualified for ILR but because she has only been my dependent for some few months she couldn't qualify for ILR, so she was given an extension as a spousal dependent on my IRL which expires in Aug 2017.
In Jul 2016, I have naturalized and become British citizen.

My question is, does my wife qualify for IRL now as we have been married for more than 5 years and we were married before I settled or does she not qualify now because she has not done a full 5 years as my dependent considering she only became my dependant since July 2014?
The fact that before she became my dependent she was on Tier 2 for 4 years and 11 months, does that not count now that I am a British citizen?

I need help. Thanks.

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: British Citizen spouse

Post by Casa » Fri Jul 29, 2016 8:17 pm

Your wife's immigration clock was reset to zero when she switched to your dependant in July 2014, setting her on a new 5 year path to ILR. Once she has ILR however as the wife of a BC, she can apply for British citizenship without waiting a further 12 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

lko33
Newly Registered
Posts: 4
Joined: Fri Jul 29, 2016 7:39 pm

Re: British Citizen spouse

Post by lko33 » Fri Jul 29, 2016 8:23 pm

Casa wrote:Your wife's immigration clock was reset to zero when she switched to your dependant in July 2014, setting her on a new 5 year path to ILR. Once she has ILR however as the wife of a BC, she can apply for British citizenship without waiting a further 12 months.

Thanks for your response, does that mean, we have to wait till Aug 2019 before she can apply for ILR as a spousal dependant?

If that is the case, can she then apply for ILR using 10 year stay in Sept 2017 as she came in as student in Sept 2007? If she gets ILR using this route, does she have to wait for 12 months before applying for British Citizenship or because she is married to a BC, she can apply immediately she get the ILR via this route?

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: British Citizen spouse

Post by Casa » Fri Jul 29, 2016 8:33 pm

Sorry, I missed the LR count. Yes, she can apply in Sept 17 as soon as she completes a total of 10 years residence. She can then apply immediately for BC after being granted ILR, assuming she meets all the standard requirements.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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