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Can anyone help? I find the UKBA website very unclear about whether or not I can 'switch' categories. I am in the UK on a 5 year limited leave to remain permit which is due to expire. This is my 10th year in the UK so I know that I can apply for ILR based on the 10 years. However, I married a Brisith citizen 4 years ago - does this allow me to switch and apply as a partner? There is a significant price difference! Also, I haven't changed my Canadian passport to my married name since my permit was issued in my maiden name and I wanted to avoid any possible travel problems. I would like to apply for ILR in my married name but apart from a marriage certificate have nothing in my married name that's considered official ID. Should I get a Canadian passport in my married name before applying for ILR? Any advice is greatly appreciated!

this is the answer...

Can I be naturalised as a British citizen?
If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. You may also be able to apply for naturalisation if you or your husband, wife or civil partner is in crown or designated service outside the United Kingdom. Applications for naturalisation are made using application form AN.

source: http://www.ukba.homeoffice.gov.uk/briti ... igibility/

On what basis was you '5 year limited leave to remain permit' issued?

uksettlement wrote:this is the answer...

Can I be naturalised as a British citizen?
If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. You may also be able to apply for naturalisation if you or your husband, wife or civil partner is in crown or designated service outside the United Kingdom. Applications for naturalisation are made using application form AN.

source: http://www.ukba.homeoffice.gov.uk/briti ... igibility/

no, that's not the answer, she has limited leave to remain and therefore cannot apply for citizenship as to do so you must be free from immigration time restrictions.

Greenie wrote:On what basis was you '5 year limited leave to remain permit' issued?

My limited leave to remain stamp in my passport just says residence permit.

EEB wrote:

Greenie wrote:On what basis was you '5 year limited leave to remain permit' issued?

My limited leave to remain stamp in my passport just says residence permit.

on what basis was it granted? What category of the rules?

Greenie wrote:

EEB wrote:

Greenie wrote:On what basis was you '5 year limited leave to remain permit' issued?

My limited leave to remain stamp in my passport just says residence permit.

on what basis was it granted? What category of the rules?

It was issued before the points based system was in place and my employer looked after the details and paperwork so I don't know is the answer. I don't have the documents in front of me but I can find out later today if it will help get to a solution! Thanks for your help it is much appreciated!

EEB wrote:It was issued before the points based system was in place and my employer looked after the details and paperwork so I don't know is the answer. I don't have the documents in front of me but I can find out later today if it will help get to a solution!

Yes, that answer is required. If your employer took care of the paper work, I suspect your LTR was under a employer sponsored immigration category such as a Work Permit. But please confirm the specific details once you have the information at hand. Note that your EC vignette in your passport should according to my understanding indicate the visa category in it.

cs95tdg wrote:

EEB wrote:It was issued before the points based system was in place and my employer looked after the details and paperwork so I don't know is the answer. I don't have the documents in front of me but I can find out later today if it will help get to a solution!

Yes, that answer is required. If your employer took care of the paper work, I suspect your LTR was under a employer sponsored immigration category such as a Work Permit. But please confirm the specific details once you have the information at hand. Note that your EC vignette in your passport should according to my understanding indicate the visa category in it.

I've had a look at the paper work and the limited leave to remain was granted after an extension of work permit was sought by my employer. Where does that leave us in terms of which 'track' I should take for ILR? Long residency? The UKBA website says that some partners of British citizens can indeed 'switch' immigration categories but I found the specifics for that on the website very vague.

There is no need for you to 'switch' to leave as the partner of a British citizen if you qualify for ILR under the 10 year route or as a work permit holder. You would not qualify for ILR as the partner of a British citizen currently as you would first need to switch and then wait a further 5 years to qualify for ILR in that category.

Greenie wrote:There is no need for you to 'switch' to leave as the partner of a British citizen if you qualify for ILR under the 10 year route or as a work permit holder. You would not qualify for ILR as the partner of a British citizen currently as you would first need to switch and then wait a further 5 years to qualify for ILR in that category.

The partner route is several hundred pounds less which is why I was keen to find out about that! Again, thanks so much for helping me. Now I just have to wait until 28 days before my leave to remain expires, send the forms and hope!

EEB wrote:Now I just have to wait until 28 days before my leave to remain expires, send the forms and hope!

If you are applying under the economic migrant route, i.e. 5 years then it's not necessarily 28 days before your visa expires. You would be able to apply from upto 28 days before the 5th anniversary from either your EC date or date of first entry under that EC visa, depending on whether you entered within 3 months of EC. Do read the ILR FAQ available under this forum and the SET(O) form and guidance to make sure you understand all that's required. If you have all the necessary documentation, you will be fine.

cs95tdg wrote:

EEB wrote:Now I just have to wait until 28 days before my leave to remain expires, send the forms and hope!

If you are applying under the economic migrant route, i.e. 5 years then it's not necessarily 28 days before your visa expires. You would be able to apply from upto 28 days before the 5th anniversary from either your EC date or date of first entry under that EC visa, depending on whether you entered within 3 months of EC. Do read the ILR FAQ available under this forum and the SET(O) form and guidance to make sure you understand all that's required. If you have all the necessary documentation, you will be fine.

Am I right in that since my original 5 year work permit was then extended to another 5 years, I can qualify for ILR now?

EEB wrote:I've had a look at the paper work and the limited leave to remain was granted after an extension of work permit was sought by my employer.

EEB wrote:Am I right in that since my original 5 year work permit was then extended to another 5 years, I can qualify for ILR now?

Reading your response above, it isn't clear what type of work permit (E.g. were they Business and Commercial work permits? or some other type?) you had/have. Or when each was issued and when you first entered the UK. But if you have resided in the UK continuously under a qualifying WP for 5 years or more and meet all other ILR requirements, then yes you should technically be able to apply for ILR any day now. Reading the SET(O) form and guidance will help you understand all the requirements.

If you provide the following information however, it may help provide an explicit answer to your question:

Initial WP Type:
Initial WP EC date:
Initial date of entry to the UK on WP EC: