Questions re: entitlements after marriage (Ukraine to UK)

[Garibaldi]

Hi all

I am currently going through the 'fun' process of applying for my Ukranian fiancee (I live and was born in England) to join me here in the UK and we are trying to plan for our life here.

Can some of you in the know, give me some advice? First to check my assumptions are correct and second, to give me an answer on something I have no idea on? Would be grateful if someone could give me a steer.

My understanding is that she can achieve ILR after 5 years of being in the country. After this, she will essentially have the same rights and entitlements as any other UK citizen. Is this correct?

I also believe she can legally work from day one on her fiancee visa and definitely work on her marriage visa, is this also correct? If we have children, I can claim working tax credit to help us but she cannot, yes?

From what I can see, there doesn't seem to be any difference, in terms of rights and entitlements between ILR and BC. Is this true?

Finally, how does it work with pensions? Will she ever be entitled to one? I would guess, she becomes entitled after achieveing ILR? But does she have to work for so many years to achieve this entitlement? If so, how many years? Does it have to be full time etc?

Any help or steer MUCH appreciated !!

many thanks

[Greenie]

what is your nationality?

[Garibaldi]

I am British
she is Ukranian

[Greenie]

Not sure where you are getting your information from.


She will not be able to work on a fiance visa. She will only be permitted to work once you have married and she has been given further leave to remain as your spouse.

As the law stands currently she would be able to apply for ILR after completing two years under the spouse category.

A person with ILR essentially has the same rights in terms of claiming benefits etc as a British Citizen but ILR can be revoked in certain circumstances or can lapse after two years outside the UK for example.

I would suggest you take a look in the Immigration for Family Members section and in particulary at the sticky topic entitled 'guidance'.

[Garibaldi]

thanks Greenie

2 years? I thought the law on ILR had changed to 5? or is this still at the proposal stage then? Or is the 5 year rule for non-spouse immigration?

and how about the query on whether she has to work 'x' years to receive a pension? any guidance on this please?

As for where I originally got my information, it was this forum - about 5 months ago (I couldn't find my original post, I used a different name and I can't remember what it was)

[Greenie]

thanks Greenie

2 years? I thought the law on ILR had changed to 5? or is this still at the proposal stage then? Or is the 5 year rule for non-spouse immigration?

and how about the query on whether she has to work 'x' years to receive a pension? any guidance on this please?

As for where I originally got my information, it was this forum - about 5 months ago (I couldn't find my original post, I used a different name and I can't remember what it was)

5 years is the current period for work related categories, such as tier 1 general and tier 2 etc.

2 years is the current period under the spouse of a settled person category, proposals to increase it are just that, proposals.

Regarding a pension - take a look on the HMRC website or direct gov website.