Immigrationboards.com

hiya,
basically i was given a 5 years leave to remain last year, based on both; my asylum claim and my humanitarian case. before i sought asylum or i went through the whole immigration process i was married and i am still married, and my wife is British, and i thought that I'd have to wait another 5 years in order to apply for an indefinite leave to remain or for British passport until i read something about being able to apply for that just after 3 years from obtaining your definite leave if you're married to a British citizen, so my question is: is it true that i can apply for the indefinite leave just after three years as im married to a British citizen???

hikz wrote:hiya,
basically i was given a 5 years leave to remain last year, based on both; my asylum claim and my humanitarian case. before i sought asylum or i went through the whole immigration process i was married and i am still married, and my wife is a British, and i thought that I'd have to wait another 5 years in order to apply for an indefinite leave to remain or for citizenship until i read something about being able to apply for that just after 3 years from obtaining your definite leave, so my question is: is it true that i can apply for the indefinite leave just after three years as im married to a British citizen???

5 years leave to remain isn't INDEFINITE LEAVE TO REMAIN?

when you were first married where were you? how long have you been in the UK?

MelC wrote:

hikz wrote:hiya,
basically i was given a 5 years leave to remain last year, based on both; my asylum claim and my humanitarian case. before i sought asylum or i went through the whole immigration process i was married and i am still married, and my wife is a British, and i thought that I'd have to wait another 5 years in order to apply for an indefinite leave to remain or for citizenship until i read something about being able to apply for that just after 3 years from obtaining your definite leave, so my question is: is it true that i can apply for the indefinite leave just after three years as im married to a British citizen???

5 years leave to remain isn't INDEFINITE LEAVE TO REMAIN?

when you were first married where were you? how long have you been in the UK?

i know that, basically i was married here in the uk, and after my marriage i sought asylum and i was permitted to stay in the country for 5 years based on my asylum claim and the fact that deportation or case refusal would violate my family, namely my wife. my leave is definite: 5 years. however recently i read something on the HO website that says that if you're married to a british citizen then regardless of you're status u can apply for an indefinite leave to remain just after three years of being granted you're leave to remain

Can you give us a link from the UKBA website stating that?

vinny wrote:Can you give us a link from the UKBA website stating that?

i really can't remember, that's the problem cz if had right in front of me i wouldn't have posted my question here, and when i read it i wasn't really sure that i understood correctly as im not really good with the law side,,,,,

I think this is the link referred to : http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

and this one is also relevant : http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

I am currently in the process of applying for Set M(23rd March PEO) and have been in the uk for 3 years and 3 months. Orignially entered uk on ancestry visa and switched to spousal in april 2010 after 2.5 years marriage.

Because i entered on ancestry, this counts towards my qualifying period for British Citizenship, which means that i can do this application as soon as my ILR is granted (23rd March) as i have been here for 3 years (2 years of which on the spousal category which is the only category that these rules apply to (2 yrs, then ILR, then 12 months which is the 'free from immigration' period, then BC) but because ancestry is recognised and i was married when i entered the uk, once i have ILR, i have met the residential requirements for BC on 24th March and can apply as i will be free from immigration control.

ILE for 5 years does not fall into this category and asylum applications do not qualify as cannot be counted towards the qualifying residential requirement as asylum is considered in breach of the immigration rules.

Hope this helps.

Naturalisation requires ILR/PR.
SET(M) requires prior Spouse or civil partner/unmarried or same sex partner status (288, 295H).

CR001 wrote:I think this is the link referred to : http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

and this one is also relevant : http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

I am currently in the process of applying for Set M(23rd March PEO) and have been in the uk for 3 years and 3 months. Orignially entered uk on ancestry visa and switched to spousal in april 2010 after 2.5 years marriage.

Because i entered on ancestry, this counts towards my qualifying period for British Citizenship, which means that i can do this application as soon as my ILR is granted (23rd March) as i have been here for 3 years (2 years of which on the spousal category which is the only category that these rules apply to (2 yrs, then ILR, then 12 months which is the 'free from immigration' period, then BC) but because ancestry is recognised and i was married when i entered the uk, once i have ILR, i have met the residential requirements for BC on 24th March and can apply as i will be free from immigration control.

ILE for 5 years does not fall into this category and asylum applications do not qualify as cannot be counted towards the qualifying residential requirement as asylum is considered in breach of the immigration rules.

Hope this helps.

thanks a lot it really helped, although I'm really grateful for being able to stay here with my wife but at the same time i find it frustrating that i have to stay for another 5 years in order to obtain an ILR.. I'm planning to work abroad and i have been offered many jobs however I'm stuck here due to my immigration status and i cant leave the country for more than 3 months as far as I'm concerned...

Can you not switch to spousal visa?? if you can, this will be issued for 27 months, but you can apply for ILR after 24 months and then you will need to do 12 months on ILR before applying for BC.

CR001 wrote:Can you not switch to spousal visa?? if you can, this will be issued for 27 months, but you can apply for ILR after 24 months and then you will need to do 12 months on ILR before applying for BC.

i don't really know whether its possible to switch.... i know it takes a year but at least with an ILR you wouldn't be under the same conditions...

If i was you, i would find out if i can switch to the spousal visa in country, which is what i did. then after 24 months on spousal, apply for ILR which you will be on for 12 months before applying for BC. Takes 2 years off your waiting time at least.

I thought the rules for getting citizenship were:
- Tier 1 (4 or 5 years depending on JR or not) + ILR (1 year) -> passport in 5 or 6 years (depending on JR)
- Marriage (2 or 3 years on spouse visa, not sure of rules) -> passport

If I am on Tier 1 and get married my options would be:
- Stay on Tier 1 and get citizenship after 5 or 6 years (first option above)
- Change to spouse visa, in which case clock "resets" to zero when visa changes and the whole qualifying period for spouse visa (2 or 3 years) has to be completed.

But from the posts below it seems that this isn't correct. If you qualify for ILR on Tier 1 and you are married, you could immediately apply for citizenship on the basis of your marriage. Is this correct?

goldfish wrote:I thought the rules for getting citizenship were:
- Tier 1 (4 or 5 years depending on JR or not) + ILR (1 year) -> passport in 5 or 6 years (depending on JR)
- Marriage (2 or 3 years on spouse visa, not sure of rules) -> passport

If I am on Tier 1 and get married my options would be:
- Stay on Tier 1 and get citizenship after 5 or 6 years (first option above)
- Change to spouse visa, in which case clock "resets" to zero when visa changes and the whole qualifying period for spouse visa (2 or 3 years) has to be completed.

But from the posts below it seems that this isn't correct. If you qualify for ILR on Tier 1 and you are married, you could immediately apply for citizenship on the basis of your marriage. Is this correct?

See Q1 in FAQ - most common questions.

Thanks Jambo, have never had to consider this question so missed the FAQ.