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Student visa to spouses visa

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ninivr91
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Student visa to spouses visa

Post by ninivr91 » Wed Aug 31, 2022 8:07 am

Hi everyone,

I am a student doing MSc in the UK. My student visa expires in October 2023. However, I am planning to marry my long-term girlfriend (with who I had been in a distance relationship for about 3-4 years before coming to the UK), a British citizen working and living here in the UK.

I have a few confusion on a spouse visa, ILR and British citizenship.

I heard that I could switch my student visa to a spouse visa (I am getting married end of this year in the UK); however, will it affect my studies when I convert this? Or Do I have to wait until my studies are over? (I don't have any plans to apply for PSW)

How long do I have to wait before I can apply for British citizenship because after the spouse visa, do I have to apply for ILR to become eligible for British citizenship?

I would be so grateful if someone could guide me regarding this.

Thank you
Ninicvr

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CR001
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Re: Student visa to spouses visa

Post by CR001 » Wed Aug 31, 2022 8:14 am

I heard that I could switch my student visa to a spouse visa (I am getting married end of this year in the UK); however, will it affect my studies when I convert this? Or Do I have to wait until my studies are over? (I don't have any plans to apply for PSW)
No effect on your studies. You will need to update your university of your spouse visa proof of immigration status.
How long do I have to wait before I can apply for British citizenship because after the spouse visa, do I have to apply for ILR to become eligible for British citizenship?
You need 2 x 2.5 year spouse visas on FLR(M), meeting the financial and English requirement at each stage. Once you have 5 years on a spouse visa, you must apply for ILR (meeting the financial and English requirements again) first before you can apply for British citizenship, if you meet the citizenship requirements.
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.

ninivr91
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Posts: 4
Joined: Wed Aug 31, 2022 7:56 am
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Re: Student visa to spouses visa

Post by ninivr91 » Wed Aug 31, 2022 8:25 am

CR001 wrote:
Wed Aug 31, 2022 8:14 am
I heard that I could switch my student visa to a spouse visa (I am getting married end of this year in the UK); however, will it affect my studies when I convert this? Or Do I have to wait until my studies are over? (I don't have any plans to apply for PSW)
No effect on your studies. You will need to update your university of your spouse visa proof of immigration status.
How long do I have to wait before I can apply for British citizenship because after the spouse visa, do I have to apply for ILR to become eligible for British citizenship?
You need 2 x 2.5 year spouse visas on FLR(M), meeting the financial and English requirement at each stage. Once you have 5 years on a spouse visa, you must apply for ILR (meeting the financial and English requirements again) first before you can apply for British citizenship, if you meet the citizenship requirements.

Thank you for your reply. Can I apply for British citizenship without applying for ILR while on the spouse visa? Because the requirement for British citizenship follows this:


"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."

Thank you again for your help.

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CR001
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Re: Student visa to spouses visa

Post by CR001 » Wed Aug 31, 2022 8:29 am

Thank you for your reply. Can I apply for British citizenship without applying for ILR while on the spouse visa? Because the requirement for British citizenship follows this:


"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."
No, you cannot. ILR is mandatory before you can apply for citizenship. On a spouse visa, you can only apply for ILR after 5 years on a spouse visa.

The rule above applies only to citizenship applications as a spouse of a British citizen, which is based on 3 years residence instead of 5 years. The 3 year residence requirement has different absence limits to the 5 years citizenship route.

There is NO shortcut to British citizenship for you. You have to following the process.
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.

AmazonianX
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Re: Student visa to spouses visa

Post by AmazonianX » Wed Aug 31, 2022 9:54 am

ninivr91 wrote:
Wed Aug 31, 2022 8:25 am
CR001 wrote:
Wed Aug 31, 2022 8:14 am
I heard that I could switch my student visa to a spouse visa (I am getting married end of this year in the UK); however, will it affect my studies when I convert this? Or Do I have to wait until my studies are over? (I don't have any plans to apply for PSW)
No effect on your studies. You will need to update your university of your spouse visa proof of immigration status.
How long do I have to wait before I can apply for British citizenship because after the spouse visa, do I have to apply for ILR to become eligible for British citizenship?
You need 2 x 2.5 year spouse visas on FLR(M), meeting the financial and English requirement at each stage. Once you have 5 years on a spouse visa, you must apply for ILR (meeting the financial and English requirements again) first before you can apply for British citizenship, if you meet the citizenship requirements.

Thank you for your reply. Can I apply for British citizenship without applying for ILR while on the spouse visa? Because the requirement for British citizenship follows this:


"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."

Thank you again for your help.
You will switch to spouse visa and be granted initial leave for 2.5years, you will apply for extention and get another 2.5 years after which you will need to apply for ILR and on being granted ILR you can apply for naturalisation due to being married to a British citizen. The shortest period it will take you is 5 years.

ninivr91
Newly Registered
Posts: 4
Joined: Wed Aug 31, 2022 7:56 am
India

Re: Student visa to spouses visa

Post by ninivr91 » Wed Aug 31, 2022 10:07 am

CR001 wrote:
Wed Aug 31, 2022 8:29 am
Thank you for your reply. Can I apply for British citizenship without applying for ILR while on the spouse visa? Because the requirement for British citizenship follows this:


"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."
No, you cannot. ILR is mandatory before you can apply for citizenship. On a spouse visa, you can only apply for ILR after 5 years on a spouse visa.

The rule above applies only to citizenship applications as a spouse of a British citizen, which is based on 3 years residence instead of 5 years. The 3 year residence requirement has different absence limits to the 5 years citizenship route.

There is NO shortcut to British citizenship for you. You have to following the process.
Thank you :)

ninivr91
Newly Registered
Posts: 4
Joined: Wed Aug 31, 2022 7:56 am
India

Re: Student visa to spouses visa

Post by ninivr91 » Wed Aug 31, 2022 10:08 am

AmazonianX wrote:
Wed Aug 31, 2022 9:54 am
ninivr91 wrote:
Wed Aug 31, 2022 8:25 am
CR001 wrote:
Wed Aug 31, 2022 8:14 am
I heard that I could switch my student visa to a spouse visa (I am getting married end of this year in the UK); however, will it affect my studies when I convert this? Or Do I have to wait until my studies are over? (I don't have any plans to apply for PSW)
No effect on your studies. You will need to update your university of your spouse visa proof of immigration status.
How long do I have to wait before I can apply for British citizenship because after the spouse visa, do I have to apply for ILR to become eligible for British citizenship?
You need 2 x 2.5 year spouse visas on FLR(M), meeting the financial and English requirement at each stage. Once you have 5 years on a spouse visa, you must apply for ILR (meeting the financial and English requirements again) first before you can apply for British citizenship, if you meet the citizenship requirements.

Thank you for your reply. Can I apply for British citizenship without applying for ILR while on the spouse visa? Because the requirement for British citizenship follows this:


"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."

Thank you again for your help.
You will switch to spouse visa and be granted initial leave for 2.5years, you will apply for extention and get another 2.5 years after which you will need to apply for ILR and on being granted ILR you can apply for naturalisation due to being married to a British citizen. The shortest period it will take you is 5 years.

Thank you for all your reply :)

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Ticktack
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Re: Student visa to spouses visa

Post by Ticktack » Wed Aug 31, 2022 11:05 am

"You can apply for British citizenship by ‘naturalisation’ if you:

are 18 or over
are married to, or in a civil partnership with, someone who is a British citizen
have lived in the UK for at least three years before the date of your application."
Just a side note in addition to what CR001 and AmazonianX have said, you missed out one of the keynotes.

"You must also be free from immigration restrictions". That's where the ILR comes in! No escape. 8)
No sin in failing, you just have to try and try again!

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