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if i am marry a british, can i still apply for tier 1 gener

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happygolucky
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if i am marry a british, can i still apply for tier 1 gener

Post by happygolucky » Tue Jun 12, 2012 2:20 pm

hi,

my tier 1 general visa was issued in 2011 and i can extend in 2013. currently my partner and i decide to get married and he is british.
will i still be able to go ahead with my tier 1 general extenion application in early next year or i have to swtich to a different visa?

thanks

geriatrix
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Re: if i am marry a british, can i still apply for tier 1 g

Post by geriatrix » Tue Jun 12, 2012 2:22 pm

happygolucky wrote:hi,

my tier 1 general visa was issued in 2011 and i can extend in 2013. currently my partner and i decide to get married and he is british.
will i still be able to go ahead with my tier 1 general extenion application in early next year or i have to swtich to a different visa?

thanks
What you wish to do - extend PBS leave or switch to FLR(M) leave - is entirely your choice.
Life isn't fair, but you can be!

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 2:30 pm

what's the difference between the two?

so if i switch to FLR, how long it takes to get the citizenship

geriatrix
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Post by geriatrix » Tue Jun 12, 2012 2:33 pm

If you apply to switch on or after 09-Jul-12 then 5 years to ILR and citizenship. If you apply to switch before then, 2 years (in your case).
Life isn't fair, but you can be!

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 2:42 pm

thanks for your reply.

my tier 1 general was issued in 2011,you mean if i go for tier 1 extension. then i will get uk passport on 2016.(i.e. 2 years visa +3 years extension + 1year settlement)

if i go for switch to FLR, i will get it in 2014?

sorry you mentioned an important date here 9-Jul-12. is there any new law changed after that date? can i find it in the ukborderagency website?

thanks

geriatrix
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Post by geriatrix » Tue Jun 12, 2012 2:47 pm

Only British citizens can apply for British passport.
happygolucky wrote:my tier 1 general was issued in 2011,you mean if i go for tier 1 extension. then i will get uk passport on 2016.(i.e. 2 years visa +3 years extension + 1year settlement)
The earliest you may be eligible for naturalisation will be in 2017.
happygolucky wrote:if i go for switch to FLR, i will get it in 2014?
If you switch to FLR(M) leave before 09-Jul-12, the earliest you may be eligible for naturalisation will be in 2014.
happygolucky wrote:sorry you mentioned an important date here 9-Jul-12. is there any new law changed after that date? can i find it in the ukborderagency website?
Family migration changes announced.
Life isn't fair, but you can be!

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 2:53 pm

thanks.

so if i get married after 09 july 2012. Then i guess it's quicker to get the passport for me just using my current visa extension then.

by the way, why i cannot find the new law for switching after 09 july, it will takes 5 years to get ILR

Greenie
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Post by Greenie » Tue Jun 12, 2012 2:54 pm

happygolucky wrote:thanks.

so if i get married after 09 july 2012. Then i guess it's quicker to get the passport for me just using my current visa extension then.

by the way, why i cannot find the new law for switching after 09 july, it will takes 5 years to get ILR
click on the link in sushdmehta's post

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 2:59 pm

thanks :)

do you agree the best way for me is carry on my tier 1 general extension and dont switch visa catagory?

i hope they wont force me to switch.

cs95tdg
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Post by cs95tdg » Tue Jun 12, 2012 3:46 pm

happygolucky wrote: i hope they wont force me to switch.
No one can force you to switch. As Sushdmehta has already stated, the choice of which application you make, is entirely up to you.

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 3:58 pm

thanks and i am totally appreciated.

one last silly question. because i didnt realise this new law came out yesterday. we didnt plan to get married within a month. is it possible if i just apply FLR(M) as engaged couple?

Greenie
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Post by Greenie » Tue Jun 12, 2012 4:00 pm

happygolucky wrote:thanks and i am totally appreciated.

one last silly question. because i didnt realise this new law came out yesterday. we didnt plan to get married within a month. is it possible if i just apply FLR(M) as engaged couple?
no. you could apply as an unmarried partner if you have been living together in a relationship akin to marriage for 2 years.

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 4:09 pm

we have been living together for 5 years. but before we were just boyfriend and girlfriend and untill recently we both want to settle down and form a family.

is this the right form that i need apply? http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf


do you think we need give notice to a local designated office first?

also are there any format/advise for preparing all the paper work?

thanks

Greenie
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Post by Greenie » Tue Jun 12, 2012 4:19 pm

yes that's the form - it includes a list of documents you need to provide. do you have evidence that you have lived together for 5 years as a couple?

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 4:27 pm

what kind of proof normally required?

we live in the same house and we have the rent contract. also our friends and families can be the witness. we have photos on social network that proves we are together. i cannot think other things.

Greenie
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Post by Greenie » Tue Jun 12, 2012 4:28 pm

read the form which explains the types of documents and quantity that need to be provided.

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 4:50 pm

documents required:

1. 2 recent passport photographs and your passport - see the Photographs and passport page
2. evidence of your age and your partner's age
3. official evidence that your and your partner's previous marriage(s) and/or civil partnership(s) broken down permanently, if either of you has been married or in a civil partnership where can i get this one?
4. evidence that you have been living together, in a genuine relationship akin to marriage or civil partnership (not like a 'marriage of convenience') for 2 years or more
5. evidence of your English language ability - see the English language page
6. evidence that you can can maintain yourselves and any dependants adequately without needing public funds - see the Maintenance (funds) page
7. evidence of your accomodation

i didnt see any detailed explaination for these documents.

[/b]

Greenie
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Post by Greenie » Tue Jun 12, 2012 4:54 pm

try reading the whole form, in particular page 19.

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 5:01 pm

thanks. i hope my case is normal

happygolucky
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Post by happygolucky » Tue Jun 12, 2012 5:16 pm

now i am little bit worried. if this application not sucessful. can i still apply for my tier 1 extension in next year

happygolucky
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Post by happygolucky » Sat Jun 23, 2012 6:18 pm

happygolucky wrote:if i go for switch to FLR, i will get it in 2014?
If you switch to FLR(M) leave before 09-Jul-12, the earliest you may be eligible for naturalisation will be in 2014.

If i am still not married with same partner in 2014. Can i still apply for the brirish passprt? Or i have to get marriage certificate or civil partnership?

geriatrix
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Post by geriatrix » Sat Jun 23, 2012 6:27 pm

happygolucky wrote:now i am little bit worried. if this application not sucessful. can i still apply for my tier 1 extension in next year
Yes.
happygolucky wrote:
sushdmehta wrote:If you switch to FLR(M) leave before 09-Jul-12, the earliest you may be eligible for naturalisation will be in 2014.
If i am still not married with same partner in 2014. Can i still apply for the brirish passprt? Or i have to get marriage certificate or civil partnership?
Only a British citizen can apply for a British passport. If you are not married to the same person in 2014, you'll not be able to apply for settlement under family route. If you are not married to the same person in 2014 but have settled status, you'll not be able to apply for naturalisation then unless you marry another British citizen before making a naturalisation application.
Life isn't fair, but you can be!

happygolucky
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Post by happygolucky » Tue Jun 26, 2012 12:56 pm

[/quote]Only a British citizen can apply for a British passport. If you are not married to the same person in 2014, you'll not be able to apply for settlement under family route. If you are not married to the same person in 2014 but have settled status, you'll not be able to apply for naturalisation then unless you marry another British citizen before making a naturalisation application.[/quote]

hi, i found the information here. actually i can apply for settlement without getting married to the same parnter that i applied for FLR

Applying for settlement

You can apply for settlement as an unmarried or same-sex partner if:

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;
you are still the unmarried or same-sex partner of the person specified in your visa or permission to remain;
the relationship is existing and genuine (not like a 'marriage of convenience', for example);
you and your partner both intend to live together permanently as partners;
you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;
both of you can support yourselves and any dependants without needing public funds;
you do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
you have enough knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.) You can find more information about this requirement on the Knowledge of language and life page.

geriatrix
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Post by geriatrix » Wed Jun 27, 2012 3:55 pm

Your opening query started with the premise "if I get married to my British partner .... " and the discussion has progressed on that premise.

Had you asked if you could apply for leave as unmarried partner of a British citizen, the discussion would have progressed based accordingly.


If you marry a British citizen and apply for leave on that basis, then you cannot apply for settlement as an unmarried partner of a different person unless you apply for leave as unmarried partner of that (second) person first and complete the qualifying residence period as unmarried partner of that person.
Life isn't fair, but you can be!

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