Confused with my visa situation.

[ILR_Queries]

Hi,

I am quite confused with my situation. Can some one please clarify. Though i raised it in a different thread, i could not get a proper answer.

Me received an ILR recently. My wife is on her Tier 1 (General) and HSMP visa since April 2008.

Assuming there are no changes to the immigration rules by next year september, i will be applicable for Citizenship by then.

Suppose my Citizenship application is successful by next year October,
Will it possible for me to convert my wife's Tier1 (General) to the Spouse visa of a British Citizen straight away. because by then she would be have been in the UK more than 3 years before the date of the application.

Should she be free of immigration time limits, i.e. should becoming an ILR will be a pre requisite for her before converting a spouse of a British Citizen?

Please Clarify.

Best Regards

[geriatrix]

Your wife may change to spouse of settled person anytime you both wish (subject to associated requirements being met) or may wait until you are naturalised. See Husbands, wives and civil partners -> If you are already in the UK. My personal suggestion - apply now rather than wait until Sept. / Oct. next year. Apply before Oct. 1, 2010 and you may save some money too.

Correct me if I am wrong but I think you are confusing between your wife's eligibility to change to spouse of British citizen with whether your wife can become a British citizen at the same time as you.

Before one can be naturalised as a British citizen one must be granted settlement status. For your wife the route to settlement is either as a spouse of settled person / British citizen or as a Tier 1 migrant in her own right. After she is granted ILR (settlement) through either of these routes will she become eligible for British citizenship as and when she qualifies.



regards

[ILR_Queries]

Your wife may change to spouse of settled person anytime you both wish (subject to associated requirements being met) or may wait until you are naturalised. See Husbands, wives and civil partners -> If you are already in the UK. My personal suggestion - apply now rather than wait until Sept. / Oct. next year.

Correct me if I am wrong but I think you are confusing between your wife's eligibility to change to spouse of British citizen with whether your wife can become a British citizen at the same time as you.

Before one can be naturalised as a British citizen one must be granted settlement status. For your wife the route to settlement is either as a spouse of settled person / British citizen or as a Tier 1 migrant in her own right. After she is granted ILR (settlement) through either of these routes will she become eligible for British citizenship as and when she qualifies.



regards

Hi Susdhmehta,

Thanks for your suggestions. So the suggested way of my wife becoming a BC would be,

1) First Apply in the FLR(M) form now immediately - to obtain the spouse visa of a settled person in the UK.

2) At the end of 2 years, She needs to apply for ILR again.

3) Up on successful ILR status, She can apply for BC. - Can she immediately apply for Naturalisation after attaining ILR? Or else, are there any other criteria that needs to be met for the Naturalisation? Please Clarify.

Are the above steps, Correct?

or may wait until you are naturalised.

--- May i know, what is the point in her waiting till i am naturalised next year as BC.

Apply before Oct. 1, 2010 and you may save some money too.

Are Fee Structures for FLR(M) going to raise from this October 1st. Please advise.

Also, wondering, if there is a same day service for FLR(M) applications in the PEO offices?

Many thanks for your time.

Kind Regards

[geriatrix]

So the suggested way of my wife becoming a BC would be,

1) First Apply in the FLR(M) form now immediately - to obtain the spouse visa of a settled person in the UK.

2) At the end of 2 years, She needs to apply for ILR again.

3) Up on successful ILR status, She can apply for BC.

Yes.

Can she immediately apply for Naturalisation after attaining ILR?

If you are British citizen by then, she can apply for citizenship on the very next day, subject to her fulfilling the requirements for spouse /civil partners.

or may wait until you are naturalised.

--- May i know, what is the point in her waiting till i am naturalised next year as BC.

None, but that's what you wanted .. as your opening post seems to suggest.

Suppose my Citizenship application is successful by next year October,
Will it possible for me to convert my wife's Tier1 (General) to the Spouse visa of a British Citizen straight away.

Are Fee Structures for FLR(M) going to raise from this October 1st. Please advise.

See Fee Increase for Immigration and Nationality

Also, wondering, if there is a same day service for FLR(M) applications in the PEO offices?

See Applications at a public enquiry office




regards

[ILR_Queries]

Hi,

Thanks for your clarification.

I have a doubt with the FLR(M) application of my partner. This is with regards to the supporting documents to be submitted for evidences of finances.

I am planning to provide the payslips and bank statements of my partner only.

Will this FLR(M) application be rejected, if i don't provide my payslips.

I am looking at this clause in the application,

other formal documents as evidence of your and your partner's ability to maintain and accomodate yourselves and any dependants with out recourse to public funds

Please Clarify.

Kind Regards

[ILR_Queries]

Offlate, wish to let you all know that our FLR(M) application went successful and i took just less than 2 hours for the Biometrics registration and the application process at Sheffield.

We are expecting the Biometrics by post this week.

Thanks a lot to this forum and wonderful guidance by the moderators.

Kind Regards