Conversion of Tier 1 (General) to ILR

[akkers79]

I posted in this in the Tier 1 forum; but in hindsight - I think it is more relevant here. Any help would be appreciated.


Dear All,
I would like some guidance please about the most cost effective and quickest way to get my wife to become a UK Citizen (or at least obtain ILR). I am a UK Citizen (born and lived here all my life). My wife is a New Zealand Citizen (born in India - naturalised in NZ in mid-80s).

She came to the UK, initially on a Working Holiday Visa in May 2007 and then left in Aug 2008 to apply for Tier 1. This was granted in Nov 2008, at which time she returned to the UK (and has been here ever since except for occasional holiday). This visa expires in Nov 2011.

We met also in November 2008; and married in August 2010.

To clarify the time line (so-far and future):
May 2007 - UK Working Holiday Visa Granted
Aug 2008 - Left UK to return to NZ
Nov 2008 - Tier 1 (General) granted
Nov 2008 - Returned to UK
Nov 2008 - We met
Aug 2010 - We got married
Nov 2011 - Tier 1 (General) Expires

My questions are:
1) Is the reason she can't apply straight for citizenship because of the wording: "If you are married to or the civil partner of a British citizen, you will need to be free from immigration time restrictions on the date you make your application". Does free from immigration time restrictions mean that effectively you need to have an ILR?

2) Can we apply straight from Tier 1 to SET(M), given that she has been here two years - or is it necessary to apply for a FLR(M) first?

3) Rather than option 2 would you recommend extending her Tier 1 for another 2/3 years on expiry of the current one - after which applying for a SET(O) on her own merits.

4) I think that the in costs would be approximately (at current prices):
Tier 1-->FLR(M)-->SET(M)-->UK Citizenship: £500 + £900 + £780 = £2,180
or
Tier 1 --> Tier 1 (renewed) --> SET (O) --> UK Citizenship: £850 + £900 + £780 = £2,530

Apart from costs are there any pros and cons about either route?

5) Would you be worrying about this now; or wait until any new rules come into force (or nearer to the end of her current visa - Nov 2011); or get the wheels in motion now - as it is likely only to get harder and more expensive?

Many thanks for your help in this query. I am very grateful - I could not sleep last night worrying about it.

Thanks,
Akshay

[vinny]

1) Yes.
2) Tier 1 to SET(M) is not possible (289). FLR(M) (284) required prior to SET(M) (288).
3) FLR(M) now and subsequently SET(M) should be quicker.

[xyz123]

1) Yes.
2) Tier 1 to SET(M) is not possible (289). FLR(M) (284) required prior to SET(M) (288).
3) FLR(M) now and subsequently SET(M) should be quicker.

so OP's partner needs to stay here on 2 years after FLR(M) right? Or can OP's partner apply for ILR straight after gettting FLR(M)?

OP- personally i would go for FLR(M) now. With the rules likely to be changed Tier 1 to ILR route may be difficult in future. Personally i think they cant do much more to stop someone married to british citizen and on marraige visa becoming citizen in future but they may deicde to impose more conditions on general employment category (tier (1). As the costs are not too different in your case, consider above mentioned.