ILR eligible now? Spouse but on work permit

[ah1]

Hi,

I am married to a British citizen since July 2007. But my legal status in the UK is currently based on my work permit - I have been resident in the UK on my work permit since August 2006 (work permit valid until August 2011). I have been living with my partner in the UK since August 2006 (married July 2007) but I never bothered to switch my visa status over to spouse.

Given that the ILR residency requirement is 3 years for a spouse, can I apply for that right now or do I have to wait for the 5 years based on my work permit, even though I am married to a British citizen?

Grateful for any advice!

[troubled]

I think you should have switched from work permit to spouse visa after you married your partner. If that decision had been made you will be applying for citizenship now because you would have qualified for ILR last year.At the moment I am not sure if you can apply for ILR since you are still on work permit as you described it and ILR based on that is 5 years.Switch now to spouse visa or speak to experts for more advice. I know a friend who was on 2-year holiday working visa, after marrying his british partner he applied for spouse visa and after two years he has ILR.He is now applying for citizenship.

[John]

You have to wait! A shame you did not switch to spouse visa shortly after your marriage. Not only would you have got your ILR last year, but also be Naturalised as British.

[ah1]

Ugh. That's what I expected. I knew I should have switched, but I was lazy and also balked at the cost!

Oh well. Nothing to do but wait now.

Thanks for your help!