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Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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kav_rox
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Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by kav_rox » Mon May 29, 2017 7:23 pm

I am a Malaysian Citizen and Trainee NHS Doctor on a Tier 2 Visa which expires in August 2017.
I will be employed by the NHS until 2021 at least, and have the option of extending my Tier 2.
I have been in the UK since September 2006, first as a student (Tier 4), and now as a professional.
I married a UK Citizen 2 years ago (born an Indian Citizen, but naturalised to UK in 2000).

I would like to obtain British Citizenship and want to know:

Which form should I complete to obtain ILR/PR and then Naturalise?


Thank you!

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Casa
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by Casa » Mon May 29, 2017 7:32 pm

PR isn't relevant as you aren't here under the EEA Regulations. You need ILR before you can apply for British citizenship, but unless I've misread your timeline, why didn't you apply for ILR under long residence in 2016 :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kav_rox
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by kav_rox » Wed May 31, 2017 6:23 pm

HI Casa, thank you for your response.

I guess it was because I still had a valid Tier 2 Visa (expires end of August this year).

Is it too late now?

Which form should I be using otherwise? SET (O)?

Thanks for your help!

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Casa
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by Casa » Wed May 31, 2017 6:32 pm

kav_rox wrote:HI Casa, thank you for your response.

I guess it was because I still had a valid Tier 2 Visa (expires end of August this year).

Is it too late now?

Which form should I be using otherwise? SET (O)?

Thanks for your help!
What date was your current Tier 2 visa issued?

Assuming you have no gaps, you could apply under 10 year long residence now. SET(LR).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kav_rox
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by kav_rox » Wed May 31, 2017 6:37 pm

Current Tier 2 Visa was issued on 11/06/14..

I have been back home and on holidays in that period.. is 540days the allowed period? But otherwise yes, have lived here continuously with no major "gaps"..

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Casa
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by Casa » Wed May 31, 2017 6:53 pm

kav_rox wrote:Current Tier 2 Visa was issued on 11/06/14..

I have been back home and on holidays in that period.. is 540days the allowed period? But otherwise yes, have lived here continuously with no major "gaps"..
A single absence of more than 180 days in the 10 year qualifying period breaks continuous residence.

If you wait to qualify for ILR under your current Tier 2 visa you won't be able to apply until 28 days before the 11/06/2019 as your immigration clock was reset when you switched categories. Whereas all legal residency counts for 10 years long residence.

Edit: That's assuming prior to your current visa you didn't hold a previous Tier 2 visa that you extended.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kav_rox
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by kav_rox » Wed May 31, 2017 7:31 pm

I have not left for more than 180 days straight.

Would be simpler to apply via marriage? We got married in 2015 - would that be an option?

Just thinking about the quickest way and option of least resistance!

Thank you!

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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by CR001 » Wed May 31, 2017 7:40 pm

If you meet ALL the requirements for ILR based on long residence, then that is your quickest way.
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Casa
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by Casa » Wed May 31, 2017 8:20 pm

Marriage doesn't speed things up for ILR under the UK Immigration Rules. The only benefit in having a British spouse is that providing you meet all the standard requirements, you will be able to apply for British citizenship immediately after being granted ILR, without having to wait for a clear 12 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kav_rox
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by kav_rox » Wed May 31, 2017 8:32 pm

Yes I think, I do.

Thanks so much for your help.

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Casa
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Re: Tier 2 Visa + Married to UK Citizen: How do I Naturalise

Post by Casa » Wed May 31, 2017 10:20 pm

kav_rox wrote:Yes I think, I do.

Thanks so much for your help.
You're welcome. Link to SET(LR) application:

https://www.gov.uk/government/publicati ... form-setlr
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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