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ILR eligibility for the spouse of a British person

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tauqeer81
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Posts: 31
Joined: Fri Aug 28, 2020 12:16 pm
India

ILR eligibility for the spouse of a British person

Post by tauqeer81 » Thu Sep 17, 2020 2:28 pm

Hi everyone,

I have a question regarding ILR eligibility for my wife and daughter (born abroad).

I have recently got my naturalization application approved and awaiting the ceremony to take place to become a British citizen. My wife and daughter are on Tier 2 dependent visa from 3.5 years. I heard that my wife, who is in the UK for more than 3 years, could apply for ILR based on the spouse of a British citizen soon after I become British.

This is based on 3 Years continuous residency + spouse of a British person rule. I was wondering if this information is correct? I will appreciate your responses to my query.

Best Wishes

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: ILR eligibility for the spouse of a British person

Post by CR001 » Thu Sep 17, 2020 2:32 pm

I heard that my wife, who is in the UK for more than 3 years, could apply for ILR based on the spouse of a British citizen soon after I become British.
No, you have 'heard' wrong. It doesn't work like for tier 2 dependents. They require 5 years residence for ILR.
This is based on 3 Years continuous residency + spouse of a British person rule. I was wondering if this information is correct? I will appreciate your responses to my query.
Incorrect information. There is NO shortcut to ILR regardless of your ILR or British citizenship status. Whoever gave you this advice is also massively confused. It is British citizenship that your spouse can apply for once she has ILR and you are British, without waiting 12 months on ILR. This citizenship application is based on 3 years residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tauqeer81
Newbie
Posts: 31
Joined: Fri Aug 28, 2020 12:16 pm
India

Re: ILR eligibility for the spouse of a British person

Post by tauqeer81 » Thu Sep 17, 2020 2:43 pm

Thank you very much for explaining. It's clear now.

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