Advice on ILR (indefinte Leave to Remain)

[martinweyer]

Hi,

Wonder if anyone might have some advice what would be the best for me to apply for ILR, and what I am thinking of doing even possible.

Our Situation.
I am currently on a South African passport with a EEA UK Residence card valid for 5 years.
My husband is Irish and has Irish and South African citizenships.
My husband’s mother is British and he has British grandparents on both sides of his family.

What we are thinking of doing
For my husband to renounce his South African citizenship, and the apply for his British citizenship through ancestry.
Once he is a Irish and British national, would I then be able to apply for indefinite leave to remain after two years instead of the normal 5 years.

Advice needed
Would I be able to apply for ILR after two years, I have read conflicting things and on gov.uk it seems to be two years?

[CR001]

Hi,

Wonder if anyone might have some advice what would be the best for me to apply for ILR, and what I am thinking of doing even possible.

Our Situation.
I am currently on a South African passport with a EEA UK Residence card valid for 5 years.
My husband is Irish and has Irish and South African citizenships.
My husband’s mother is British and he has British grandparents on both sides of his family.

What we are thinking of doing
For my husband to renounce his South African citizenship, and the apply for his British citizenship through ancestry.
Once he is a Irish and British national, would I then be able to apply for indefinite leave to remain after two years instead of the normal 5 years.

Advice needed
Would I be able to apply for ILR after two years, I have read conflicting things and on gov.uk it seems to be two years?

There is no longer a two year route to ILR, it was changed to 5 years in July 2012. It is 5 years and to qualify, you must hold a spouse visa under the UK immigration rules to apply for ILR.

Also not necessary for hubby to renounce South African citizenship.

What year was hubby born?

How long have you been in the UK as an EEA Family Member?

[vinny]

There is no advantage in your husband becoming British before you acquire PR. There are only complications.

[martinweyer]

Hi,

Wonder if anyone might have some advice what would be the best for me to apply for ILR, and what I am thinking of doing even possible.

Our Situation.
I am currently on a South African passport with a EEA UK Residence card valid for 5 years.
My husband is Irish and has Irish and South African citizenships.
My husband’s mother is British and he has British grandparents on both sides of his family.

What we are thinking of doing
For my husband to renounce his South African citizenship, and the apply for his British citizenship through ancestry.
Once he is a Irish and British national, would I then be able to apply for indefinite leave to remain after two years instead of the normal 5 years.

Advice needed
Would I be able to apply for ILR after two years, I have read conflicting things and on gov.uk it seems to be two years?

There is no longer a two year route to ILR, it was changed to 5 years in July 2012. It is 5 years and to qualify, you must hold a spouse visa under the UK immigration rules to apply for ILR.

Also not necessary for hubby to renounce South African citizenship.

What year was hubby born?

How long have you been in the UK as an EEA Family Member?

Hi Char,

Thank you for your reply, if it has changed there does not seem to be much use applying for the British citizenship?

He was born 1987, and we have been in the UK for 14 months only.
Can he hold three citizenships, think South Africa does not allow you to have more than two.

[CR001]

Hi Char,

Thank you for your reply, if it has changed there does not seem to be much use applying for the British citizenship?

He was born 1987, and we have been in the UK for 14 months only.
Can he hold three citizenships, think South Africa does not allow you to have more than two.

He can hold more than 2 as far as I am aware.

If he was born after 1st January 1983 to a British born mother, he is automatically British by descent.

This would not be the case if his mother was born abroad to British parents and she herself is only British by descent.

There is not 'ancestry BC' application (like the Irish have through grandparents) so not sure what you meant by this. But it all depends on where his mother was born.

[martinweyer]

Hi Char,

Thank you for your reply, if it has changed there does not seem to be much use applying for the British citizenship?

He was born 1987, and we have been in the UK for 14 months only.
Can he hold three citizenships, think South Africa does not allow you to have more than two.

He can hold more than 2 as far as I am aware.

If he was born after 1st January 1983 to a British born mother, he is automatically British by descent.

This would not be the case if his mother was born abroad to British parents and she herself is only British by descent.

There is not 'ancestry BC' application (like the Irish have through grandparents) so not sure what you meant by this. But it all depends on where his mother was born.

Hi,

Thank you, think she was born in Rhodesia, which was a British colony at the time?

There does not seem to be any benefit for him obtaining his British Citizenship at the moment then?

[CR001]

No there is not, it would only complicate your residence card, as a BC cannot sponsor you under the EEA rules while living in the UK. Your quickest route to PR will be under the EEA rules you are currently on and he remains Irish. Just over 3.5 years to go till you can get PR.