Immigrationboards.com

Hello there

So I've fallen under the icky category of getting married after the rules changed for the length of time I have to be on a spouse visa before being eligible for ILR. I have to wait 5 years, but...

* I first came to the UK on a Tier 4 student visa in August 2009 for my MA degree
* I had a post study work visa after this from March 2011-March 2013
* I applied for a spouse visa in March 2013 after our wedding (I'm American married to an Englishman), but it was initally denied because we forgot to put in our bank statements (we earn well over the income threshold with our combined incomes).
* My spouse visa was approved on appeal in February 2014.

So, basically, I have been here on a series of legal visas for 3+ years (during the period my application was on appeal, I was legally allowed to stay and work here). Can I apply for citizenship and just ignore the whole ILR thing? Sorry if this has been asked a lot, but I have been battling immigration stuff for so long and my mind is absolutely boggled with everything. Without ILR, my husband and I are finding ourselves so limited in what we can do with our life plans and my goal is citizenship, not ILR.

Thanks!

Izzy

Unfortunately you need ILR to be eligible for BC.

See, this is where I get really confused.

The forms for BC says you can apply as a spouse after 3 years, but it will take me 5 years to get ILR... so do I have to have ILR for 3 years before I can apply?

Sorry if I seem dumb, I just honestly have no room left in my brain with regards to UK immigration because of how much I've had to deal with it over the past year.

Thanks.

Bascislly the rules change for ILR in 2012 do make the 3 years a bit pointless but essentially for BC (once you obtain ILR) the last 3 years are the ones relevant for BC (in terms of meeting the residence requirements such as maximum days of absence during that time). What you did in the UK before the 3 years is irrelevant for the BC application.