Immigrationboards.com

Hi

I've been in UK for almost 10 years, working here for 5 years, and married to British for almost 2 years, but I'm still not sure when I can apply for ILR.

I was on:
Student visa 25/03/04 - 1/08/07
Postgrad visa 30/07/07 - 30/07/08
Workpermit 30/07/07 - 30/07/09
T1 Highly skilled 1/07/09 - 1/07/12

Then I applied for spouse visa. I submitted the application on 30/03/12 by post and it was a big mistake as I had to wait for 7 months! My spouse visa is valid from 1/10/12 - 1/10/14. The letter I got with the visa saying I may apply for ILR after being spouse for 2 years - not sure what it actually means.

My question is when is the earliest I can apply for ILR?
1. 2 years after married? or
2. 2 years after submitting the application? or
3. 2 years after the first valid date of the spouse visa? or
4. Should I go for 10 years category? or working here for 5 years. But if I go for this category, do I need to wait for another year to get British passport?

I dont want to wait until the end of my current visa, because I will have to work abroad in September-October which is just the time of 28 days before visa expires. Please help!

Konprode

You should have applied in 2012 itself based on five years WP+T1 route. I think now you can apply based on 10 years long residency. Whoever spouse VISA was issued after July 2012 rule they have to be on that VISA for 5 years before they qualify for ILR . So , i'm not sure about your letter.

your spouse visa is under the old pre july 2012 rules as you applied before this. so can apply no sooner than 28 days before 1 october 2014 and make your application in person at PEO.

you will meet the 10 year requirement in march 2014 and can apply no sooner than 28 days before 25 march. set(lr) applications are postal only.

Thank you for reply.
I'm pretty sure that the applications submitted before July were eligible to 2 years probation only.

Another question, if I apply ILR based on my 10 years, can I apply citizenship straight after as I've been married for more than 2 years?

Thanks.

Yes you fall under the old spouse visa rules as your application was submitted before July 2012.

Once you have received your ILR, you can apply for citizenship as spouse of British Citizen immediately, without having to wait 12 months, as it will be on the basis of 3 years residence.

Any legal stay counts towards the 3 years residence as long as you are married to a British Citizen at the time of your citizenship application.

Thanks CR001.

I'm scared of applying via postal as last time I had to wait for 7 months and couldn't travel anyway (they had my passport). I felt stuck and this limited alot of work experiences I could have during that 7 mouths. Still no idea why it took so long.

Do you think if I apply ILR for long residence via solicitor, it would spend shorter time?

Cheers

ILR based on 10 years residence is a very simple and easy application with almost very little documents to send and the cost of solicitor is unnecessary and will in no way speed up the process as it can only be a postal application.

Current waiting times for decisions is anywhere between 2 months and 6 months.

Thank you CR001