Page 1 of 1

FromTier1(General)->Settlement as Married to British Citi

Posted: Sun Sep 08, 2013 10:35 am
by MontyBajaj
Hello,

FACT 1:

I am on a Tier-1 (General) visa since April 2009 - so almost 4.5 years into. I am due to apply for ILR in around 6 months. I am in a good paying job and enough points to get ILR based on points based system. SET (O) route.

FACT 2:

I live with my fiancee (a British Citizen) for past 3 years at the same address and we both earn enough to show we can support ourselves. We are about to get married soon.

So I see I have 2 options to apply for ILR:

OPTION 1:

1. Wait for 6 months.
2. Apply for settlement (ILR) using points from 5 year Tier-1 stay. Using SET(O).
3. Wait for 1 year.
4. Apply for BC on the basis of 5+1 year lawfully stay in UK.

OPTION 2:

1. Get Married to my fiancee (British Citizen).
2. The next day.
3. Apply for ILR as a married partner of British Citizen (SET(M)) immediately after marriage (as I have fulfilled the requirement of living 2 years in UK with my partner -- BUT ON TIER-1 VISA (is that ok?)) - Using premium service I can get this the same day, so no wait.
4 The next day.
5 Apply for British Citizenship - as I have legally lived with my partner/wife for 3 years in the UK -- BUT ON TIER-1 VISA (is that ok?)

QUESTION: Can you please confirm if there is any problem for Option 2?

Regards,
Monty

Posted: Tue Sep 10, 2013 7:49 am
by dk2011
I would go for option 1

Re: FromTier1(General)->Settlement as Married to British

Posted: Fri Sep 13, 2013 3:14 pm
by Mind_The_Gap
MontyBajaj wrote:Hello,

FACT 1:

I am on a Tier-1 (General) visa since April 2009 - so almost 4.5 years into. I am due to apply for ILR in around 6 months. I am in a good paying job and enough points to get ILR based on points based system. SET (O) route.

FACT 2:

I live with my fiancee (a British Citizen) for past 3 years at the same address and we both earn enough to show we can support ourselves. We are about to get married soon.

So I see I have 2 options to apply for ILR:

OPTION 1:

1. Wait for 6 months.
2. Apply for settlement (ILR) using points from 5 year Tier-1 stay. Using SET(O).
3. Wait for 1 year.
4. Apply for BC on the basis of 5+1 year lawfully stay in UK.

OPTION 2:

1. Get Married to my fiancee (British Citizen).
2. The next day.
3. Apply for ILR as a married partner of British Citizen (SET(M)) immediately after marriage (as I have fulfilled the requirement of living 2 years in UK with my partner -- BUT ON TIER-1 VISA (is that ok?)) - Using premium service I can get this the same day, so no wait.
4 The next day.
5 Apply for British Citizenship - as I have legally lived with my partner/wife for 3 years in the UK -- BUT ON TIER-1 VISA (is that ok?)

QUESTION: Can you please confirm if there is any problem for Option 2?

Regards,
Monty
+1

Go for Option 1. You've just about there.

Posted: Fri Sep 13, 2013 3:58 pm
by Amber
In order to apply for SET(M) you would have to switch to FLR(M) for 5 years first, so that option is out the window. If you marry then you can apply to naturalise as soon as you're granted ILR as a PBS applicant subject to meeting the other requirements for naturalisation.