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ILR for tier 1 holder getting married to a British citizen

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vlinus
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Joined: Wed Sep 21, 2011 10:52 am

ILR for tier 1 holder getting married to a British citizen

Post by vlinus » Mon Sep 24, 2012 10:07 am

One of my friend who is a tier 1 holder is getting married to a British citizen.He is in UK for more than 2 years. What is the immigration path now.. Can he apply for ILR/Citizenship.Does he need to change to dependent visa first?

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Mon Sep 24, 2012 10:22 am

If he switches to leave as the spouse of a British citizen he will need to spend 5 years in this category before being able to apply for ilr.

vlinus
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Joined: Wed Sep 21, 2011 10:52 am

Post by vlinus » Mon Sep 24, 2012 10:31 am

"If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement."

I got the above from ukba site.. Its mentioned that if you are already in UK before 8th July, you need not wait for 5 years.Since he is already in UK for 2 years, does he need to wait for again 5 years. I am not sure about that.

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Sep 24, 2012 10:48 am

vlinus wrote:"If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement."

I got the above from ukba site.. Its mentioned that if you are already in UK before 8th July, you need not wait for 5 years.Since he is already in UK for 2 years, does he need to wait for again 5 years. I am not sure about that.
This is not correct from someone in your circumstances. You have completely misunderstood the scope of the transition arrangements.

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