UK Tier 2 Visa and British Citizen Spouse

[v4vikramrana]

Hello All,

I will appreciate if you could share relevant information/options for the situation described below:

I am currently in the UK since April 2011 on Tier 2 ICT visa and is/can be renewed till 2021, which allow me to claim ILR under long-term stay. However, my better half has been in the UK since 2008 and has recently acquired British Citizenship. I have following questions

1. Since we have been married since 2011, do I still need to go on a dependent visa for 5 years to apply for ILR or I can use our time before to apply.

2. Due to our job constraints, we might have to relocate from the UK and in that case will I still be able to apply for British citizenship when we both are not in the UK through my spouse? What will be the relevant process?

3. Lastly, if I relocate now does it mean I cannot return to the UK on another ICT in 3 years and complete my 10 years to apply for ILR? Do I lose the 7 years I have acquired so far?

Looking forward to your response

Thanks
VR

[CR001]

1. If you want to apply for ILR based on 5 years residence, then yes, you would need 5 years on FLR(M) spouse visa. You cannot combine the time you have been here on ICT towards the 5 years on FLR(M).

2. You require ILR first, for that you need to be in the UK to apply and meet the requirements.

3. Absence of 6 months or more breaks your continuity of residence for ILR long residence. You would lose the 7 years you have spent here yes.

[v4vikramrana]

Hi CR001,

Thanks for your response. So there is no provision where I can show 5 years with my spouse outside the UK and apply for citizenship?

Regards
VR

[CR001]

Thanks for your response. So there is no provision where I can show 5 years with my spouse outside the UK and apply for citizenship?

No there is not. Citizenship requires evidence of residency and you must be within the absence limits.