Marriage on an unmarried partner visa and ILR

[maverick1983]

Hello,

The latest revision of the Immigration Directorate Instructions regarding unmarried partners (section 5.6) states that

"Unmarried <...> partners who have married <...> during
the probationary period can apply for settlement as the spouse.

The requirements <...> are that:
• the applicant must have been <...> given an extension of stay for a period of 2 years <...> and
• during that period, he or she must have married <...> and
• the applicant must have completed a total of 2 years as <...> the unmarried partner
and spouse <...> of that person"

Right now I'm on Tier 1 having been living with my British girlfriend for over 2 years. We plan to apply for the unmarried partner visa soon. As far as I understand the Instructions quoted above, if we marry while I will be on the unmarried partner visa, I will be immediately eligible to apply for ILR since I will satisfy all three conditions, in particular the last one, since we already have been living in the UK in a relationship akin to marriage since mid-2008.

So, the question is: is it correct that I'll be able to apply for ILR as soon as we get married while on the unmarried partner visa or I will have to wait until 2013 regardless of whether we marry in the meantime?

Thank you for your advice!

[Greenie]

No you have to complete the two year probationary period under the relvent immigration rule as the spouse or unmarried partner of a settled person.

[Casa]

Greenie is right.