Unsure about when I can apply for ILR?

[emmychloe]

I came to the UK in 2012 on a student visa. In December 2013 or January 2014 I switched to a Tier 2 work permit, sponsored by my employer. This year I switched to a spouse visa (my husband is a British citizen).

My understanding is that I need to be in the UK for five years in an appropriate category before I can apply for ILR, and then, citizenship. My time as a student doesn’t count, but it’s after that I’m a little confused. I thought my five years restarted from my spouse visa, and I’ll have to wait until 2021 to apply for ILR, but I’ve also heard time on a work permit applies and it doesn’t reset when I switch visa categories. Based on current law, can someone advise on when I’ll be able to apply for ILR?

As a sidenote, my husband and I are planning on having kids in the UK in the next 2-3 years, my understanding is that it doesn’t change anything but thought I’d throw that in just in case it does - we'd love to just get me citizenship and stop having to keep up with all the visa applications!

[noajthan]

Kids are not shortcut to citizenship if that's what you're asking.

[Casa]

I came to the UK in 2012 on a student visa. In December 2013 or January 2014 I switched to a Tier 2 work permit, sponsored by my employer. This year I switched to a spouse visa (my husband is a British citizen).

My understanding is that I need to be in the UK for five years in an appropriate category before I can apply for ILR, and then, citizenship. My time as a student doesn’t count, but it’s after that I’m a little confused. I thought my five years restarted from my spouse visa, and I’ll have to wait until 2021 to apply for ILR, but I’ve also heard time on a work permit applies and it doesn’t reset when I switch visa categories. Based on current law, can someone advise on when I’ll be able to apply for ILR?

As a sidenote, my husband and I are planning on having kids in the UK in the next 2-3 years, my understanding is that it doesn’t change anything but thought I’d throw that in just in case it does - we'd love to just get me citizenship and stop having to keep up with all the visa applications!

Welcome to the forum.

Unfortunately, your time as a student and under Tier 2 was lost when you switched to your FLR(M) visa and your immigration clock was re-set to zero.
You will need to complete a 5 year period (2.5 + 2.5) on your current visa before qualifying for ILR in 2021.

Immediately after being granted ILR, assuming you meet all the standard conditions, you will be able to apply for British citizenship.

As you already suspect, there are no special concessions if you have children.

[CR001]

You have 'heard' wrong. Your clock reset when you switched to spouse visa. So yes, you will have to wait till 2021 before you are eligible for ILR. You have lost the time on Tier 2 and cannot combine it to make up 5 years.

Having kids makes no difference to when you are eligible.

There is no quick route to ILR. Had you remained on Tier 2, you would probably have qualified in 2018/9.

Edit : beaten by noajthan and casa

[emmychloe]

Thanks, all.

I wasn't asking if kids were a shortcut - at least, not in the sense that we're planning on having kids sooner if they are. I just didn't know if having kids in this country meant something changed about my right to be here, making it more permanent.

I thought the 2021 application date might have been the case - ah, well. I considered staying on the Tier 2 but the reality is I'm not wiling to stay at this job for much longer, and my husband and I are planning a move to another part of the UK next year - we both thought it would be a lot easier for me to find work if I was on a spouse visa rather than relying on finding a company to sponsor me!