Order of Visas and Stamps

[cc]

Hi

I've had a look at some of the forum posts but can't quite find what I'm looking for.

Basically, I am a UK citizen and have been living with my girlfriend for 18 months, her student visa runs out end of 2007. We just got married last week.
so I'll apply shortly for a spouse visa.

Then can we apply for her to get indefinite leave to remain in 6 months, seeing we have already been living together (is that time included)?

Also, seeing we have been living togther, does that let us have any reduced time in apply for her british citizenship, or does that not matter and have to wait for the 3 years after the spouse visa?

Thanks for your answers in advance

Cheers

Colin

[RobinLondon]

You cannot apply for ILR in six months.

Apply for the spouse visa now. I'd do it as soon I as could, if I were you.

She will get leave to remain for two years based on her marriage to you. After two years are up, apply for ILR. Because she has already been in the UK legally for at least three years (student + spouse time) and will still be married (hopefully!) to a UK citizen upon receiving ILR, she can apply for a UK passport the moment that ILR stamp is in her current passport.

In brief, if you get that leave to remain based on her marriage to you in her passport tomorrow, she could apply for citizenship on 13 September 2008! Well provided, of course, that she has passed the Life in the UK exam, she was physically present in the UK on the precise day three years before, and the Home Office haven't had a go at the rules before then.

[cc]

Thanks for that Robin, I read somewhere that you can apply for ILR after 2 years for unmarried couples, although a little bit harder.

I will apply for the spouse visa as soon as I get the marriage certificate, we got married in malta and it hasn't arrived yet. Hopefully by start of next week.

Cheers

[RobinLondon]

No, that's not quite right. If you've been living together as an unmarried couple for two years, you qualify for further leave to remain for two years, not indefinite leave to remain. At the end of those two years, then you can apply for ILR. You need to understand that the HO want to ensure that your relationship is stable. You need to spend two years together after giving them notice of either your marriage or partnership before the non-UK citizen gets ILR.

The only exception to this is when a couple has been married for more than four years and living together overseas. On the basis of that long relationship, a UK consulate abroad will grant the non-UK citizen spouse Indefinite Leave to Enter from the outset. This situation, though, is quite different to yours.

You've bested the process by getting married. Bested in the sense that after two years--and then getting ILR--your wife can get citizenship on the basis of marriage to you. If she weren't married, but still only your unmarried partner, she'd have to wait another year with ILR before naturalising.

[Christophe]

... she can apply for a UK passport the moment that ILR stamp is in her current passport...

Just to clarify (and be pedantic) - she can apply for naturalisation as a British citizen. Once she is a British citizen, she can of course apply for a British passport.

[RobinLondon]

Aye! Ca, c'est ce que je voulais dire...

[Christophe]

Aye! Ca, c'est ce que je voulais dire...

Oui, j'en suis sûr: je le sais.

[cc]

Thanks guys, you have been really helpful

Cheers

Colin

[cc]

Hi

I've got another question. As I didn't get married in the UK, I didn't request a Certificate of Approval to marry. I noticed that question on the FLRM form, did you get an Certficiate of Approval? I am right in saying I didn't need one.

Cheers

Colin

[ppron747]

Yes - CoA only required for marriages taking place in UK