Tier4 - Spouse visa - ILR - British Citizen

[PH10]

Hi all,

I've a few questions regarding my visa status and I would really appreciate if anyone could give me some valuable advice.

I came to the UK on Nov 2006 as a student from outside the EU, and I was holding a student visa [Tier-4] at that time. In May 2013, I got married to a British Citizen and has changed my Tier4 visa to a Spouse visa [FLR(M)]. If I'm not mistaken, I suppose I have two options to get Settlement (ILR); one is after 5 years of my marriage which is in May 2018, another option which is faster, 10 years legal residence in the UK through SET(LR) in Nov 2016 (I'm thinking of this route). My questions are:

1. Any idea which option is best for me? Nov 2016 - SET(LR) or May 2018 - SET(M)?

2. If I opt for SET(LR) on Nov 2016 and approved by the Home Office, do I still have to wait for another 12 months to be eligible for naturalisation (British Citizen) or will the 12 months "waiting period" after I've obtain the Settlement (ILR) be waived since I'm the spouse of a British citizen?

3. If I opt for SET(M) on May 2018, do I have to pay both SET(M) fees (£1093) and AN Naturalisation fees (£906) or just the AN Naturalisation fees since I can apply as a British Citizen by end of my "5 years marriage period" without have to wait for another 12 months?

Many thanks.

[Jambo]

1. SET(LR) is quicker.
2. No need to wait regardless of the route to ILR.
3. You need to have ILR first so need to pay for it first.

[PH10]

Thanks Jumbo. In regards to your answer to Q2, it's stated in the application that:

Immigration time restrictions wrote:
"You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period."

If I chosen the route SET(LR) to apply for ILR, in that case my understanding is, I'm changing from my Spouse visa to ILR instead of the end of my 5 years marriage time restrictions. Do I still have to wait for 12 months to apply for naturalisation after getting the ILR?

Many thanks.