settlement for spouse of british citizen and settled persons

[n8net]

Hi,

I have been doing some research on settlement routes to partners of settled (ILR) persons and naturalised British Citizens when making in country applications. (not from outside UK)

I have been reading a lot of material and asking in the forum, but still I am not sure, so hope someone can answer the following qustions.

1) what are the differences in req. for spouse applicants if their partner is ILR holder or British Citzen ?

2) I understand that, any one can settle on their own
a) if they have been a partner for 5 years (given initial visa was issued after July 2012, if not it is just 2)
b) if they have been on any visa for 10 yrs
am I corrrect ?

3) what category spouse needs to meet 3 years ?

I really hope if some one can summarise these different routes and the req.

thanks

[Casa]

Hi,

I have been doing some research on settlement routes to partners of settled (ILR) persons and naturalised British Citizens when making in country applications. (not from outside UK)

I have been reading a lot of material and asking in the forum, but still I am not sure, so hope someone can answer the following qustions.

1) what are the differences in req. for spouse applicants if their partner is ILR holder or British Citzen ? £18,600 p.a minimum income level + English language the same for both

2) I understand that, any one can settle on their own
a) if they have been a partner for 5 years (given initial visa was issued after July 2012, if not it is just 2) Not if the relationship has ended.
b) if they have been on any visa for 10 yrs am I corrrect ? Yes if there are no gaps in legal residence.

3) what category spouse needs to meet 3 years ? There is no 3 year spouse category for ILR

I really hope if some one can summarise these different routes and the req.

thanks

It would save time if you simply explained your situation.

[CR001]

1. There is no difference, it is the same visa.

2. Correct

3. There isn't one anymore and never has been a '3 year spouse visa'. Pre July was 2 year spouse visa and 1 year ILR then BC, which is why there is reference to the 3 year spouse of BC route.

Edit : beaten by Casa

[Casa]

The 3 year rule has already been explained to you clearly by CR001 in this thread:
http://www.immigrationboards.com/britis ... l#p1455480

[secret.simon]

1) what are the differences in req. for spouse applicants if their partner is ILR holder or British Citzen ?

None. Both ILR holders and British citizens are persons settled in the UK.

2) I understand that, any one can settle on their own
a) if they have been a partner for 5 years (given initial visa was issued after July 2012, if not it is just 2)
b) if they have been on any visa for 10 yrs

Such a person can apply to settle. it is not automatic, unlike PR for EU citizens.

Both categories have further requirements
a) The marriage or partnership needs to have subsisted through the five years (unless ended by instances of domestic violence) and you need to provide proof of such subsistence.
b) 10 years Long Residence visas have strict rules on continuity of residence (gaps of time between visas and of absences outside the UK).

EDIT: Overtaken by both Casa and CR001

[CR001]

The 3 year rule has already been explained to you clearly by CR001 in this thread:
http://www.immigrationboards.com/britis ... l#p1455480

This posts asking advice for his 'friends' or sometimes, hypothetical questions

[n8net]

thanks guys for the quick answers.. really appreciated...
cr001, I did not see the last answer for the other thread for some reaons, all these questions hypothetical and real is for the sole purpose of enriching my self with the complex immigration cases...

so what I take away from these answers is, no matter if u r native BC or a naturalised migrant, the spouse has to spent minimum 5 years as their partner to be eligble..and other requirement, (especially English Language) they need to meet (5yrs) is same.... is this correct ?


also, for this 5 yr requirement that should be met by the majority of the spouses (post 2012), is any time spent on other visas count ? or is it just the dependant visas (including PBS dependant and ILR dependant) ?

thanks

[CR001]

so what I take away from these answers is, no matter if u r native BC or a naturalised migrant, the spouse has to spent minimum 5 years as their partner to be eligble..and other requirement, (especially English Language) they need to meet (5yrs) is same.... is this correct ? correct


also, for this 5 yr requirement that should be met by the majority of the spouses (post 2012), is any time spent on other visas count ? or is it just the dependant visas (including PBS dependant and ILR dependant) ? No, it must be either 5 years PBS dependent OR 5 years Spouse Settlement. No visa combinations for 5 years ILR route.

thanks

[secret.simon]

also, for this 5 yr requirement that should be met by the majority of the spouses (post 2012), is any time spent on other visas count ? or is it just the dependant visas (including PBS dependant and ILR dependant) ? No, it must be either 5 years PBS dependent OR 5 years Spouse Settlement. No visa combinations for 5 years ILR route.

This part is very important. If you switch from being PBS dependent to an ILR dependent/FLR(M) route, your clock is reset to zero. This switch is voluntary except if the PBS holder gets ILR based on ILR(LR) rather than the PBS route, in which case it is mandatory.

[n8net]

thanks guys, this all clear to me now..so to get ILR majority of the applicants will need to be on that visa for 5 yrs which means they all need to make an extention as the first visa is only for 30 months....nice..

now for BC, cr001 has commented on the related thread as follows.
[quote]
Once ALL category of dependents get ILR, they can apply immediately for BC as spouse of BC, which is based on 3 years residence, section 6(2) of the BNA.
[quote]

so u imply here, since only 3 yrs is needed for BC, this means when a spouse gets ILR, he/she automatucally qualifies for BC as well? right ...

thanks

[secret.simon]

since only 3 yrs is needed for BC, this means when a spouse gets ILR, he/she automatucally qualifies for BC as well?

Generally, but not always. The requirements, especially absence, but also good character, are different for ILR and naturalisation.

Naturalisation is not a part of the immigration process, which terminates at ILR. They both have different rules and those rules and applications are made under different laws.

[n8net]

ok thanks all ..I am clear about this now.

cheers

[n8net]

also based on the discussions above, mods could you please update the lock thread
http://www.immigrationboards.com/britis ... 95747.html


Q2. to reflect the fact that it is only applicable to Pre July 2012 ONLY pls.. it is confusing to people like me and gives misleading info..

also given it was posted in 2016, this should have been corecetd there and then ?

[CR001]

also based on the discussions above, mods could you please update the lock thread
http://www.immigrationboards.com/britis ... 95747.html


Q2. to reflect the fact that it is only applicable to Pre July 2012 ONLY pls.. it is confusing to people like me and gives misleading info..

also given it was posted in 2016, this should have been corecetd there and then ?

The 3 year rule for citizenship as the spouse of BC applies to ALL applicants if they are married to a British citizen, regardless of when they applied for their spouse/dependent visas. The FAQs is correct.

[secret.simon]

Naturalisation is not a part of the immigration journey, which terminates at ILR/PR.

You are confusing two different applications, two different rules and two different laws here.

To apply for ILR as a spouse of a settled person, the spouse of a British citizen requires at least five years of residence in the UK with the relevant spousal visa. It can take longer than five years, such as if they were in the UK for x years on a PBS dependent visa and then their spouse/sponsor get ILR based on Long Residence. Then their spouse must switch to FLR(M) and their ILR clock is reset to zero.

To apply for naturalisation, the spouse of a British citizen must have resided in the UK for at least three years AND hold ILR or PR.

Because ILR now takes a minimum of five years, people get confused because they assume that naturalisation is a progression from ILR, where as it is a completely separate process, under different laws.

Most spouses would automatically be eligible to apply for naturalisation straight after ILR/PR, providing they meet the slightly different absence requirements for naturalisation.