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Just a quick question...I have just received my UKM citizenship. My current partner (girlfriend), myself and my daughter would like to relocate to the UK within the next two years. We are not married yet but have been in a relationship and living together for the past three years.

The big question is, do we have to be married in order for her to qualify under the three year rule for a spouse of a British citizen. I read somewhere that they recognise a committed relationship too as alternative to only marriage.
I wonder if someone could give advice.

Please don't tag into other members topics. I have split your post to its own topic.

She would need indefinite leave to remain (ILR) which she can apply for after 5 years residence in the UK on an unmarried partner visa.

For citizenship based on 3 years and to avoid waiting 12 months on ilr, she has to be married to you. If not married, it will take her 6 years before she can apply for citizenship.

Note also that the 3 year British spouse citizenship cannot be applied for if the non EU spouse does not have ILR. In other words there is no quick route or shortcut for a spouse other than the 12 month waiver on ILR.

The nationality laws also clearly state it must be a spouse or civil partner as you are required to submit a marriage cert etc when applying under the 3 year route.

A "committed relationship" is recognised under the immigration rules yes, but immigration rules and citizenship laws are completely separate and independent of each other.

CR001 wrote: ↑

Mon Jan 07, 2019 6:56 am

Please don't tag into other members topics. I have split your post to its own topic.

She would need indefinite leave to remain (ILR) which she can apply for after 5 years residence in the UK on an unmarried partner visa.

For citizenship based on 3 years and to avoid waiting 12 months on ilr, she has to be married to you. If not married, it will take her 6 years before she can apply for citizenship.

Note also that the 3 year British spouse citizenship cannot be applied for if the non EU spouse does not have ILR. In other words there is no quick route or shortcut for a spouse other than the 12 month waiver on ILR.

The nationality laws also clearly state it must be a spouse or civil partner as you are required to submit a marriage cert etc when applying under the 3 year route.

A "committed relationship" is recognised under the immigration rules yes, but immigration rules and citizenship laws are completely separate and independent of each other.

Apologies for the tag in the other post...

Thank you for the clarification. It makes things a bit clearer.

Assuming we married and If I understand correctly, does she apply for a ILE in South Africa before we leave for the UK and then once in the UK she applies for her ILR? What are the requirements for the ILR?

This is all very new to me so forgive me for the questions. My UKM application seemed a breeze compared to her route to citizenship.

No, there is no ILE option from abroad anymore for a spouse. It was removed in 2012.

She has to apply for a spouse settlement visa, which is a 2.5 year visa and she has to meet all the requirements, ie English and financial and adequate accommodation requirement. You need to prove you earn a minimum of £18,600pa. It might be more depending on what your daughter applies for.

Your icome from SA can be used for first visa but only if it meets the requirement AND you have a confirmed job in the UK to start within 3 months at the required level. Alternatively you could use savings in either of your names but it must be no less than £62,500 held for a minimum of 6 lo ths and can't be a loan for example. If yrhe above doesn't apply, you would have to come on your own, work for 6 months to prove you meet the financial requirement.

Shortly before the expiring of the visa, she applies for a further visa extension for another 2.5 years, meeting all the requirements again and whatever the English requirement is at that point. Joint income can be used for this one.

Near the 5 year residence mark, she then applies for ILR. The English requirement again is different for ILR and she wil also need the life in the UK test. Joint income can be used to meet the financial requirement.

If not married, she has to wait 12 months on ILR before she can apply for citizenship based on the preceding 5 years residence.

If you are married, she can apply as soon as she gets ILR based on the preceding 3 years residence and being married to a British citizen.

Current costs are :

First spouse visa £1523 plus £1200 immigration health surcharge.

Second visa £1033 (postal) plus £1000 immigration health surcharge.

ILR £2389 (postal)

Citizenship £1330

Visa fee increase every year in April.

Immigration health surcharge is currently £200per and increasing to £400 per year tomorrow.

English tests £150 each time and the list of approved tests and providers changes.

Life in the UK test currently £50.

As I said, she needs 5 years residence on a visa before she can apply for ILR.

Thanks for the detailed reply. It helps a lot. It's a lot more expensive than the £ 80 I paid.

Shaun45 wrote: ↑

Mon Jan 07, 2019 8:44 am

Thanks for the detailed reply. It helps a lot. It's a lot more expensive than the £ 80 I payed.

It sure is and you will need to keep an eye on rule changes as they do happen. We post on here when they do.