British Citizenship - switching visas in past 5 years

[martymarty]

Hi everyone, I've tried searching and also have read everything I can on the gov.uk website but it's still not entirely clear to me.

I spent 3 years on the Tier 1 - Entrepreneur Visa (2015 - 2017) and now almost 2.5 years on the FLR(M) visa. My partner is a British citizen and we were legally married in the UK in 2018. Prior to 2015, I spent 2 years on Tier 5 - Youth Mobility visa (but I know this visa does not count towards any years in order to get citizenship).

I was always under the impression that the 3 years I spent on the Tier 1 - Entrepreneur visa does not count towards the 5 years I need for ILR (and then application for Citizenship). However can anybody clarify this for me? Am I able to count that 3 years I spent on Tier 1, or did my years 'reset' when I switched over to FLR(M)?

I will soon have to apply to extend my current FLR(M) visa. I'd rather not do this if I can already meet the ILR requirements now.

1) do I meet the requirements now?
2) if so, how do I apply without waiting another 30 months by continuing down the FLR route?

Any guidance greatly appreciated.

[Boris2020]

You have to options to get your hands onto the ILR

1. As you entered to the UK in 2013, you would able to apply for the ILR in 2023 on the basis of your long residence in the UK.

2. As you got married to a Brit in 2018 you should wait until 2023 to complete your 5 years residence as a spouse in the UK.

As far as I know, the Tier routes are different, and you need to complete 5 years in that route in order to apply for the ILR. However, you switched into the spouse visa in 2018 so, you started the 5 years clock again.

I hope it helps.

However, check with the solicitor as this is my opinion.

[CR001]

I spent 3 years on the Tier 1 - Entrepreneur Visa (2015 - 2017) and now almost 2.5 years on the FLR(M) visa. My partner is a British citizen and we were legally married in the UK in 2018. Prior to 2015, I spent 2 years on Tier 5 - Youth Mobility visa (but I know this visa does not count towards any years in order to get citizenship).

What date is your spouse visa valid from/issue date?

I was always under the impression that the 3 years I spent on the Tier 1 - Entrepreneur visa does not count towards the 5 years I need for ILR (and then application for Citizenship). However can anybody clarify this for me? Am I able to count that 3 years I spent on Tier 1, or did my years 'reset' when I switched over to FLR(M)?

Correct, your 5 year ilr clock reset to zero when you switched to FLR M. You cannot combine tier 1 time with FLR M time to make up 5 years as the spouse of a British citizen. You need 5 years FLR M before you can apply for ilr based on 5 years residence.

I will soon have to apply to extend my current FLR(M) visa. I'd rather not do this if I can already meet the ILR requirements now.

It is the only option you have to extend your visa.

1) do I meet the requirements now?

No.

2) if so, how do I apply without waiting another 30 months by continuing down the FLR route?

You either need 5 years FLR M or 10 year legal stay for ilr. There is no shortcut or quicker route.

[martymarty]

Thank you both so much for your prompt and clear responses. Much appreciated!