Leave to stay for unmarried partner / marriage

[bred]

My partner (Ukrainian national currently in UK on 3 year Tier 1 General visa which is due to expire in May 2012) and I (British citizen) are unmarried partners. We started our relationship in August 2006 and started living permanently together in May 2009 in the UK. We are both employed and would like to get married before my partner's Tier 1 General visa expires.
To be married, do we need a Certificate of Approval and then a Spouse Visa or are these only for non-EEA nationals who are not currently living in the UK?
We wish for us to both continue working in the UK and marry. Is anyone able to advise of the best course of action to do so and what visa applications will be required?
The other option it seems is to extend the Tier 1 General visa but I believe this involves going through the entire process again (proving my partner can meet all the points criteria, paying an excessive fee, etc.)
Your advice would be very much appreciated.

[geriatrix]

To be married, do we need a Certificate of Approval and then a Spouse Visa or are these only for non-EEA nationals who are not currently living in the UK?

To marry in the UK, you'll need a CoA - unless you can marry in Anglican church.

We wish for us to both continue working in the UK and marry. Is anyone able to advise of the best course of action to do so and what visa applications will be required?

If planning to marry in UK: CoA -> marriage -> application for leave to remain as spouse of British citizen.
If planning to marry outside UK: marriage -> entry clearance as spouse of British citizen.


regards

[bred]

Thank you for this.

If we decide we would prefer to marry in the summer of 2012 would it also be possible for my partner to apply for FLR(M) as the unmarried partner of a British citizen? In this case, do you know how far in advance of the expiry of my partner's current Tier 1 (General) visa (May 2012) it would be advisable to apply?

[geriatrix]

If we decide we would prefer to marry in the summer of 2012 would it also be possible for my partner to apply for FLR(M) as the unmarried partner of a British citizen?

Unfortunately, no one can tell you today what the rules will be in summer of 2012! If they remain the same, it will be possible. But if they change before then, then it may not be!

In this case, do you know how far in advance of the expiry of my partner's current Tier 1 (General) visa (May 2012) it would be advisable to apply?

An application for leave to remain can be made any day before the expiry date of current leave.


regards

[bred]

Hi. We do not intend to apply for FLR(M) in summer 2012 as that would be after the current visa has expired. The application for FLR(M) as an unmarried partner would be before May 2012 (May 2012 is when the current visa expires) so my partner could extend her stay working in the UK (if the application was made and processed in May 2011 would it only be for an extension of 1 year or is the start date of the extension period post dated?). Following this (if the rules stay the same) we would be able to marry when we choose during the 2 year "probabtionary period" and then, assuming the Life in the UK test is passed, immediately be eligible for naturalisation as a British citizen. This is my understanding but if I have misunderstood something please do say!

[geriatrix]

Hi. We do not intend to apply for FLR(M) in summer 2012 as that would be after the current visa has expired. The application for FLR(M) as an unmarried partner would be before May 2012 (May 2012 is when the current visa expires) so my partner could extend her stay working in the UK (if the application was made and processed in May 2011 would it only be for an extension of 1 year or is the start date of the extension period post dated?).

1. Your partner may apply to switch to "unmarried partner" immigration status as and when he wishes to, and can meet the specified requirements (295D). Since you two started living together in May 2009, the earliest your partner can apply is May 2011 (295D(vi)).
2. The leave to remain will be issued from the date the application is approved. If the application is refused for any reason, any remaining current leave (Tier 1) will be valid until the date of its expiry.

Following this (if the rules stay the same) we would be able to marry when we choose during the 2 year "probabtionary period" and then, assuming the Life in the UK test is passed, immediately be eligible for naturalisation as a British citizen. This is my understanding but if I have misunderstood something please do say!

Not exactly. Before he becomes eligible to apply for naturalisation as spouse of a British citizen, he will have to apply for settlement (ILR).


regards

[bred]

Thanks for your assistance so far sushdmehta. I am still unsure as to why it would be necessary to apply for settlement (ILR) before naturalisation if my girlfriend and I get married and we have been living together in the UK for the last 3 years. The criteria shown here: http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/ do not mention applying for settlement (ILR) and if we get our Certificate of Approval and marriage certificate then come June 2012 we will have been living in the UK together for over 3 years and as far as I can tell eligible for British citizenship?

[Kitty]

You have to be free of immigration time restrictions (i.e. have ILR) for at least 12 months before you apply for naturalisation:

Paragraph 3, Schedule 1, British Nayionality Act 1981

[bred]

Thank you Kitty. I see that I had missed the part where it says ILR is required. However, I still cannot see where it says ILR must have been granted over 12 months before the application for naturalisation? Is this scenario realistic:
Transfer to unmarried partner status from Tier 1 (General): May 2011
Granted ILR: May 2013
Get married: June 2013 (or any time between May 2011 and May 2014)
Naturalisation as British citizen: May 2014

[geriatrix]

You have to be free of immigration time restrictions (i.e. have ILR) for at least 12 months before you apply for naturalisation:

Paragraph 3, Schedule 1, British Nayionality Act 1981

Not applicable when one makes an application for naturalisation as spouse of British citizen.
From the paragraph (you quoted):

(c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and

Thank you Kitty. I see that I had missed the part where it says ILR is required. However, I still cannot see where it says ILR must have been granted over 12 months before the application for naturalisation? Is this scenario realistic:
Transfer to unmarried partner status from Tier 1 (General): May 2011
Granted ILR: May 2013
Get married: June 2013 (or any time between May 2011 and May 2014)
Naturalisation as British citizen: May 2014

bred, you've again missed reading the relevant information in the link(s) provided earlier.

Your partner may be eligible for naturalisation the day he/she is granted settlement. Read Requirements for naturalisation if you are married to or the civil partner of a British citizen carefully.

regards