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Rights of non-EU when married to UK citizen and ILR timings

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XeniaXenia
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Rights of non-EU when married to UK citizen and ILR timings

Post by XeniaXenia » Thu Jan 11, 2018 3:16 pm

Hi All
I am Russian national and currently in UK on work permit (Tier 2 General Migrant) sponsored by my employer, since April 2016. My work permit is valid until May 2019 and it will be then extended by my employer for another 2 years.
During 2012-2016 I have been in UK on Dependant visa with my ex-partner, with right to work, however I got divorced and got my own work permit.
I am getting married to British National this year. The case has been assessed and approved by Home office (eg permission to marry granted by a letter from HO). However I am unclear on when I can apply to ILR and for naturalization AFTER I get married.
All in all I have been in UK from June 2012, on 2 different visas. I will have been living together with my partner for 2 years (have council tax to prove etc) by the time of our wedding. After becoming spouse of British citizen, do I need to wait additional time for applying to ILR, given all other circumstances?
Many thanks in advance for any advice.

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CR001
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Re: Rights of non-EU when married to UK citizen and ILR timings

Post by CR001 » Thu Jan 11, 2018 3:30 pm

However I am unclear on when I can apply to ILR and for naturalization AFTER I get married.
5 years on Tier 2 General if you meet all the requirements.
All in all I have been in UK from June 2012, on 2 different visas. I will have been living together with my partner for 2 years (have council tax to prove etc) by the time of our wedding. After becoming spouse of British citizen, do I need to wait additional time for applying to ILR, given all other circumstances?

Marrying a British citizen does not provide any speedy route to ILR. You still require 5 years residence as a Tier 2 visa holder OR if you switch to spouse visa, you will have to wait 5 years (2 x 2.5 year visas) on that visa before ILR.

Unless you reach 10 years long residence first, then you can combine all your visa categories for ILR.

Once you are granted ILR, you can apply for citizenship immediately if you meet all the requirements as the spouse of a British citizen application under Section 6(2) of the nationality act and based on 3 years residence.
Char (CR001 not Casa)
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XeniaXenia
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Joined: Thu Jan 11, 2018 3:11 pm
Russia

Re: Rights of non-EU when married to UK citizen and ILR timings

Post by XeniaXenia » Thu Jan 11, 2018 3:36 pm

Thank you, this is what I thought re Tier 2 and ILR.
In general, do you know if I have any extended rights as spouse of British citizen? e.g.travel within EEA etc?

Thank you

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CR001
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Re: Rights of non-EU when married to UK citizen and ILR timings

Post by CR001 » Thu Jan 11, 2018 3:41 pm

In general, do you know if I have any extended rights as spouse of British citizen? e.g.travel within EEA etc?
No you do not.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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XeniaXenia
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Re: Rights of non-EU when married to UK citizen and ILR timings

Post by XeniaXenia » Thu Jan 11, 2018 4:52 pm

Many thanks

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