Spouse visa expiring in March-Can I apply for ILR?

[MK752]

Hi!

I have been living in the UK for 2 years and 6 months on Spouse visa. My husband is a British citizen. My spouse visa expired end March. I understand that I can apply for ILR after 3 years of living in the UK, however, in March my 3 years wouldn't be complete, it would be 2 years and 8-9 months.

I was wondering if I can still apply for ILR or do I need to first extend my spouse visa, wait a few more months and then apply for ILR?

Also, after I get the ILR, can I apply for citizenship right after? or would I need to wait for some time?

Thanks

[MK752]

Sorry for the type, thats ''expires End march 2017''.

[CR001]

Hi!

I have been living in the UK for 2 years and 6 months on Spouse visa. My husband is a British citizen. My spouse visa expired end March. I understand that I can apply for ILR after 3 years of living in the UK, however, in March my 3 years wouldn't be complete, it would be 2 years and 8-9 months. No, you don't qualify for ILR yet. You are under the new post July 2012 rules which requires 5 years residence on a spouse visa. You will need to apply for an extension on FLR(M) for another 2.5 years. There is no rule (nor has there been) that you can apply for ILR after 3 years of living in the UK. The pre July 2012 spouse rules were visas issued for 2 years and then ILR.

I was wondering if I can still apply for ILR or do I need to first extend my spouse visa, wait a few more months and then apply for ILR? If you apply without meeting the 5 year residence requirement, you will be refused.

Also, after I get the ILR, can I apply for citizenship right after? or would I need to wait for some time? Once you get ILR after 5 years residence, you can apply for citizenship immediately, no need to wait 12 months.

Thanks

[MK752]

Thank you so much for the prompt reply!

That is what I had initially thought myself. However, I read on the gov.uk website under "Become a British citizen", that it is different for those married to a british citizen. Please find the link attached below:

https://www.gov.uk/becoming-a-british-c ... sh-citizen

It says if you are married to a British citizen you can apply for British citizenship if "lived in the UK for at least the 3 years before your application is received" .

Would you be able to clarify this pleae. I am sorry if I am missing something here or if I'm not able to interpret this right.

I would like to add again - I am married to a British citizen.

Thanks

[CR001]

Thank you so much for the prompt reply!

That is what I had initially thought myself. However, I read on the gov.uk website under "Become a British citizen", that it is different for those married to a british citizen. Please find the link attached below:

https://www.gov.uk/becoming-a-british-c ... sh-citizen

It says if you are married to a British citizen you can apply for British citizenship if "lived in the UK for at least the 3 years before your application is received" .

Would you be able to clarify this pleae. I am sorry if I am missing something here or if I'm not able to interpret this right.

I would like to add again - I am married to a British citizen.

Thanks

Immigration Rules are completely separate to Nationality Laws. What you quote also says in the link that you must be 'free from immigration time restrictions' aka ILR

To apply for citizenship, you must have ILR. To qualify for ILR, you must have 5 years residence if your visa is valid AFTER 9th July 2012. There is no shortcut unfortunately.

The 3 year issue you quote is a remnant of when spouse visas were issued for 2 years, then 1 year on ILR and then BC. It is easier to change immigration rules but a lot harder to change Nationality Laws, which is probably why it still says 3 years.

The only concession you do still have as a spouse of BC is that you do not have to wait 12 months on ILR before applying for citizenship which will be based on 3 years residence and a Section 6(2) application (spouse of BC).