SEGS > HSMP > Marriage > Tier 1 (When to apply ILR?

[kubafle]

Hi All,

I have these questions for which I am providing my details below.

1. Does SEGS count towards 5 ILR (most threads I read on here say it does not)?

2. Does me being married to a British National for three years (but not on spouse visa) makes me eligible for ILR earlier?

3. Can my case be treated under JR for HSMP? (first HSMP on 24th Apr 2007)

4. In worst case I could apply in 24th Apr 2012, I heard somewhere that proposed 'earned citizenship' is scrapped, is it correct?


Details
I came to UK under student visa in Feb 2004 and then got a SEGS 1 year extension in Apr 2006 to Apr 2007. I then moved to HSMP on 24th Apr 2007 till 25th Apr 2009. I got married to a British national in Nov, 2007 but never applied spouse visa and instead stayed here on my own visas. Since then I am on Tier 1 until 24th Apr 2012.

Now three years are passed and I was wondering if I qualify for ILR earlier for being married even though I was never on spouse visa. Other route for me could be in Apr next year if SEGS qualifies for ILR 5 year count.

The reason I am looking for ILR is that for getting natrualisation I would need a visa without time restriction as by this page: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Merry Christmas and thank you all

[kubafle]

Can anybody please answer any of above questions?

[genorp]

I don't know number 2. My guess is no since the SET(M) guidance says:

You should use application form SET(M) if you:
currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
have lived here for 2 years in this category

and you have not been here in that category and SET(O) is for one or more work qualifications.

But I don't know if some combination of marriage/work is possible or not.

1 is no, it's not an eligible category for settlement.

3 is no, JR is for people whose HSMP applications were made before 6 April, 2006.

4 is correct. The Home Secretary announced they were scrapping the earned citizenship and that new policies would be announced over time.

[kubafle]

Thanks genorp,

I am clear on question 1, 3 & 4 now.
Can anybody shed more light on my question 2?

"2. Does me being married to a British National for three years (but not on spouse visa) makes me eligible for ILR earlier? "

I don't know number 2. My guess is no since the SET(M) guidance says:

You should use application form SET(M) if you:
currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-gender partner of a British citizen or a person settled here;
have lived here for 2 years in this category

and you have not been here in that category and SET(O) is for one or more work qualifications.

But I don't know if some combination of marriage/work is possible or not.

1 is no, it's not an eligible category for settlement.

3 is no, JR is for people whose HSMP applications were made before 6 April, 2006.

4 is correct. The Home Secretary announced they were scrapping the earned citizenship and that new policies would be announced over time.

[xyz123]

[quote="kubafle"]Thanks genorp,

I am clear on question 1, 3 & 4 now.
Can anybody shed more light on my question 2?

"2. Does me being married to a British National for three years (but not on spouse visa) makes me eligible for ILR earlier? "

quote]

i dont think you can get ILR as you have not been on spouse visa. Personally for me that is the surest way to get ILR. but thats my opinion only. you should have changed your visa when you got married, it's a no brainer...

[kubafle]

i dont think you can get ILR as you have not been on spouse visa. Personally for me that is the surest way to get ILR. but thats my opinion only. you should have changed your visa when you got married, it's a no brainer...

Thank you for your response. I only realised about this when it was less than 2 year left to my 5 years. Changing would not help at that point. I do agree that I should have changed back 3 years ago.

I guess only benefit I will have being married to British National will be that I would not have to wait for 1 year to apply for Nationality after ILR in April 2012. Am I correct?

[xyz123]

i dont think you can get ILR as you have not been on spouse visa. Personally for me that is the surest way to get ILR. but thats my opinion only. you should have changed your visa when you got married, it's a no brainer...

Thank you for your response. I only realised about this when it was less than 2 year left to my 5 years. Changing would not help at that point. I do agree that I should have changed back 3 years ago.

I guess only benefit I will have being married to British National will be that I would not have to wait for 1 year to apply for Nationality after ILR in April 2012. Am I correct?

i must say i am not 100% sure but i think you are incorrect. one has to spend one year in this country on ILR visa before you are eligible for citizenship but you better post this particular question in citizenship section of this forum.

[kubafle]

i must say i am not 100% sure but i think you are incorrect. one has to spend one year in this country on ILR visa before you are eligible for citizenship but you better post this particular question in citizenship section of this forum.

Thanks again for your help, I am 100% sure on this one, this is the benefit I still have being married to British National.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

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.