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On a student visa, married for 3.5 yrs to a uk citizen

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elena2009
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On a student visa, married for 3.5 yrs to a uk citizen

Post by elena2009 » Sun Aug 23, 2009 9:09 pm

Hello everyone,

A friend of mine has been married to her husband for 3 1/2 years now and they have a child together but she's on a student visa. She is under the impression that she can now apply for ILR skipping the whole flr(m) process because she claims that some people told her that gaining permanent residency once married to a citizen takes three years.

I thought that time spent on the student visa didn't count towards permanent settlement? Or does it count in her case because she's married?

I just think it's unfair for those who had to switch to a spouse visa and have the clock start from there but I'm not sure if what she's saying is correct.

Thanks for your help on clarifying

Wanderer
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Ireland

Post by Wanderer » Sun Aug 23, 2009 9:48 pm

She'll need to wait two years on FLR(M) before ILR so student time doesn't count. However her time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years.

And pay £1600 or so for it!
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Post by Obie » Sun Aug 23, 2009 10:26 pm

Her time on student visa will count towards her three years immediately after she obtains ILR.

She would have to go through the spousal visa process and apply for ILR after 2 years. On receipt of the ILR, she can apply for citizenship as the spouse of a British National, with whom she has spend 3 lawful years in the UK.
Last edited by Obie on Sun Aug 23, 2009 10:30 pm, edited 1 time in total.
Judge not, and you will not be judged.

Wanderer
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Ireland

Post by Wanderer » Sun Aug 23, 2009 10:29 pm

Obie wrote:No, her time on student visa, doesn't count for the purpose of citizenship.

She would have to go through the spousal visa process and apply for ILR after 2 years. On receipt of the ILR, she can apply for citizenship as the spouse of a British National, with whom she has spend 3 lawful years in the UK.
With respect, Obie, her student time would count towards Citizenship, but not towards ILR. Which I think is what u said too!
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Post by Obie » Sun Aug 23, 2009 10:33 pm

Correct Wanderer, i was editing my post simultaneously with you replying to me.

I slightly misunderstood you. Apologies for that.
Judge not, and you will not be judged.

Wanderer
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Ireland

Post by Wanderer » Sun Aug 23, 2009 10:49 pm

Obie wrote:Correct Wanderer, i was editing my post simultaneously with you replying to me.

I slightly misunderstood you. Apologies for that.
np Obie, I understand.

The Ashes belong to England....
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Post by Obie » Sun Aug 23, 2009 10:58 pm

I can see you are quite overjoyed by England's success. Congratulations.

In regards to the OP's eligibility, one can only hope that much doesn't change for spouses of British Citizenship in 2011.

If she has to accrue points in order to qualify when the 2011 rules comes into effect, the criteria for her might be stiffer.
Judge not, and you will not be judged.

navbulls
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Post by navbulls » Sun Aug 23, 2009 11:06 pm

Hi! Obie, Wanderer
"time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years."

Can I ask, I stayed in the UK as student for 4 years, came bck to my home country n now married to UK citizen.. I dont know if I understand the above quote correctly... would I be eligible for ILR & Citizenship at the same time after completion of 2 years on spouse visa.

:?
Blessed are those who can give without remembering and take without forgetting...

Obie
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Post by Obie » Sun Aug 23, 2009 11:55 pm

This does not apply in you case mate unfortunately.

It applies to peculiar cases, in which a Non British Spouse of British Citizen, continue to maintain their student status after they got married to the British citizen.

Because your marriage did not take place whiles you were a student, but after, the time you spent in the UK will not count, as you were not married to her then.
Judge not, and you will not be judged.

vinny
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Post by vinny » Mon Aug 24, 2009 12:17 am

navbulls wrote:Hi! Obie, Wanderer
"time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years."

Can I ask, I stayed in the UK as student for 4 years, came bck to my home country n now married to UK citizen.. I dont know if I understand the above quote correctly... would I be eligible for ILR & Citizenship at the same time after completion of 2 years on spouse visa.

:?
Currently, almost correct. You should have ILR before being eligible for Naturalisation. You do not have to be married for three years, just on the day of the application. You may apply for Naturalisation on the day you receive your ILR, provided you satisfy all the requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Post by Obie » Mon Aug 24, 2009 12:56 am

If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.

If however you lived in the UK for a year as a student, got married and received FLR(m) for 2 years, then at the end of the 2 years on spousal visa, you can apply immediately on receipt of ILR.

Vinny is perfectly correct, it is 3 years of lawful resident that counts and not 3 years of marriage.
Judge not, and you will not be judged.

vinny
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Post by vinny » Mon Aug 24, 2009 1:17 am

Obie wrote:If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.
It does count!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

navbulls
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Post by navbulls » Mon Aug 24, 2009 8:48 am

vinny wrote:
Obie wrote:If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.
It does count!
Thanks Vinny the above link was very helpful... Obie hope you agree I would be eligible as per above.

Many thanks
Blessed are those who can give without remembering and take without forgetting...

Obie
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Post by Obie » Mon Aug 24, 2009 10:38 am

Navbulls i agree. please ensure your absence from the UK did not exceed the period stated here.
Judge not, and you will not be judged.

usman1900
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ILR and Citizenship

Post by usman1900 » Tue Aug 25, 2009 3:07 pm

Hi can anyone tell me that can i apply for Citizenship straight away after getting ILR.. i came to uk in sep 2003 i was student and i got married with british citizen in 2007 now i have been granted ILR.... can i rightaway apply for Citizenship..


thanks

vinny
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Post by vinny » Tue Aug 25, 2009 9:44 pm

Probably. Suggest that you use the NCS.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

angel7
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Post by angel7 » Wed Aug 26, 2009 9:05 pm

Hi Guys,

I am new to this site,like to get some valuable advice from you people.

while I am in a student visa, I met my partner (british citizen) who is a full time employee. our relationship is 3 yrs and 7 months now.
when it comes to 4 years can get ILR on unmarried partner ground.
If so who should apply me or him?
Many thanks inadvance for any help

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Wed Aug 26, 2009 9:54 pm

angel7 wrote:Hi Guys,

I am new to this site,like to get some valuable advice from you people.

while I am in a student visa, I met my partner (british citizen) who is a full time employee. our relationship is 3 yrs and 7 months now.
when it comes to 4 years can get ILR on unmarried partner ground.
If so who should apply me or him?
Many thanks inadvance for any help
Unfortunately, no. Students cannot apply for ILR except under long residence. However, you may switch.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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