Page 1 of 1

Confused on eligibility

Posted: Thu Mar 12, 2020 11:11 pm
by maz_mc
Hi All,

Here is my situation:

- Tier 5 Visa Nov 2013 - Nov 2015
- Continued living in the UK (not working / holidaying in Europe) till Aug 2015.
- Home in Australia, Aug 2015 - Apr 2016
- Back in UK on Spouse Visa Apr 2016 - Present
- Married to British citizen (got married in the UK)

I'm finding so many conflicting pages on the gov website and its making me very confused on my eligibility.

1. https://www.gov.uk/british-citizenship? ... UjX1Mk9m18 Says i can apply after 3 years if i have ILR or Permanent Residence.

2. https://www.gov.uk/settle-in-the-uk/y/y ... fe6pJooJ3s Says i can only apply for ILR after 5 years.

3. https://www.gov.uk/apply-citizenship-in ... X18WapAEUw Says i can apply for citizenship if i have ILR and dont have to wait the 12 months cos im married to a BC.

4. https://www.gov.uk/apply-citizenship-spouse This says i can apply after 3 years if i have Indefinite Leave to Enter.

5. https://www.gov.uk/government/publicati ... egqAlIr8QU This says ILR and ILE are the same thing.

So.... What is my status if im on a Spouse Visa and my BRP says 'Residence Permit - Leave to Enter'?
- Indefinite Leave to remain or
- Indefinite Leave to Enter or
- Permanent Residence or
- Leave to Enter

Is Indefinite Leave to Enter, the same as Leave to Enter?

Can i proceed with the pathway on link #4 or do I seriously have to spend £2400 on getting ILR after 5 years, only to apply for citizenship straight away?

Thanks!!

Re: Confused on eligibility

Posted: Fri Mar 13, 2020 6:12 am
by CR001
So.... What is my status if im on a Spouse Visa and my BRP says 'Residence Permit - Leave to Enter'?
- Indefinite Leave to remain or
- Indefinite Leave to Enter or
- Permanent Residence or
- Leave to Enter
You have a time limited visa, which is leave to enter or leave to remain without the word indefinite.
Is Indefinite Leave to Enter, the same as Leave to Enter?
No. Indefinite leave to enter is the same as indefinite leave to remain. Leave to enter is a time limit visa, ie 2.5 year spouse visa.
Can i proceed with the pathway on link #4 or do I seriously have to spend £2400 on getting ILR after 5 years, only to apply for citizenship straight away?
You can apply for citizenship once you have Indefinite leave to remain, which you can only apply for once you have 60 months on a spouse visa, counted from the date you entered the uk. Indefinite leave to remain is a mandatory requirement for citizenship.