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ILR query

Posted: Wed Feb 02, 2011 6:21 pm
by butter_fly
Hi,
Arrived in the UK in Sep. 2007 under work permit visa, switched to Tier 1 in 2009.
Tier 1 will expire in May 2012 (3 months before 5 years stay)
Got married to British citizen in 2009. However, didn't apply for a spouse visa (now I wish I did..)

Now, what is the best way to get ILR (and the quickest one)?

I tried to find an answer on the Home Office web site, but it seems you can apply for ILR as a spouse after 2 years only if you are a holder of a spouse visa, rather then being a spouse factually..
Anybody can advise?

Thank you.

Re: ILR query

Posted: Wed Feb 02, 2011 7:38 pm
by xyz123
butter_fly wrote: I tried to find an answer on the Home Office web site, but it seems you can apply for ILR as a spouse after 2 years only if you are a holder of a spouse visa, rather then being a spouse factually..
Anybody can advise?

Thank you.
That is correct you need to stay on spouse visa for 2 years before you can apply for ILR.

You can get ILR in sept 2012 on WP + Tier 1 route. You need an extension of tier 1 for May 2012 to sept 2012.

Or you can get on spouse visa now and then apply in January 2013.

Personally (and this is strictly a perosnal opinion) i would go for spouse visa route. This government is quite keen on reducing no of settlement visa being granted. in my opinion this would have more effect on WP/ Tier 1 holders rather than spouse visa holders.

so spouse visa route may take 4 months longer but may be a bit confirmed...but as i said that's just my opinion, anything can happen with rule changes...

Posted: Wed Feb 02, 2011 8:41 pm
by butter_fly
Thank you, xyz12. I was thinking the same.. Just wanted to know whether there were any loopholes that I am not aware about..

Posted: Thu Feb 03, 2011 11:56 am
by xyz123
butter_fly wrote:Thank you, xyz12. I was thinking the same.. Just wanted to know whether there were any loopholes that I am not aware about..
i am affraid there are no "loopholes" that may help your case.