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Choose 5 year over 3 if married

Posted: Wed Mar 20, 2024 1:48 pm
by Happyfrog29
Hi there

I have had ILR since March 2022 after 7 years in the UK (2 YMV and then 5 year partner visa).

We took 7 months to travel in 2022/2023 so do not meet the 3 year limit (327 out of 270 days) but comfortably meet the 5 year limit (377 out of 450 days) and the 12 month limit (67 out of 90). I will also be ok with being physically in the country either 3 or 5 years ago.

We got married last year so when I fill in the form it assumes I am going under the 3 year path. I’ve read a few different posts and wanted to confirm what is best for me to do
- do I acknowledge my British partner but then note in the form that I’m applying under the 5 year route and not provide his passport / marriage certificate
- don’t say I’m married to a Brit (my partner has another nationality) - is this going to be flagged as I was on a partner visa?
- have to wait until I meet the 3 year limit?

Hoping to get us much certainty as possible from anyone who has experience in a similar situation!!

Many thanks

Re: Choose 5 year over 3 if married

Posted: Wed Mar 20, 2024 2:01 pm
by alterhase58
The two choices are not mandatory.
Answer all questions it’s not tricky. For 5 years you don’t need to provide documents showing your spouse being British.

In my case I applied under five years even though spouse is British. The application did ask about my spouse including nationality. In the end you will be British there’s no distinction as to how you got there.

Re: Choose 5 year over 3 if married

Posted: Wed Mar 20, 2024 2:18 pm
by Happyfrog29
alterhase58 wrote:
Wed Mar 20, 2024 2:01 pm
The two choices are not mandatory.
Answer all questions it’s not tricky. For 5 years you don’t need to provide documents showing your spouse being British.

In my case I applied under five years even though spouse is British. The application did ask about my spouse including nationality. In the end you will be British there’s no distinction as to how you got there.
Thank you - did you write in the application you had a British partner, provide details but not provide their passport / marriage certificate?

Re: Choose 5 year over 3 if married

Posted: Wed Mar 20, 2024 2:24 pm
by alterhase58
Exactly - I provided details as requested in the application form, but no spouse documents.