ILR or British Passport

[saima_m0]

I am a British national married to an Indian national. My wife (Indian national) is in the UK since 2 years on Settlement Visa which has got another 1 year left to expire.

My questions are

1) Do I need to apply for ILR or can I apply for British passport for my wife (what are the documents required for both cases)
2) How soon before the Settlement visa expiry can I do this? Another 1 year left to expire

thank you

[MPH80]

I am very confused.

There hasn't been a 3 year settlement visa for a spouse - except under discretionary leave. Can you please post the information from her visa? It'll state the type, the start date and the expiry date.

In any case - she cannot apply directly for british citizenship - she has to have indefinite leave first - but when she can apply will be determined by what you respond to my first question.

[saima_m0]

Thanks for the reply - her settlement visa valid from 05/03/13 and valid until 05/12/15

[MPH80]

Ah ok - 2 and 3/4 of a year. that makes sense now.

She is on the current path to settlement which takes 5 years. She can renew her visa within 28 days of the end of her current visa using form FLR(M) - same criteria as when she applied in the first place.

Once she's completed 60 months (5 years) - she can apply for indefinite leave and then, assuming the rules don't change, immediately for citizenship.

[saima_m0]

Her current visa is that not a UK settlement visa which expires on 05/12/15?

So after I fill in FLR (M) before the above expiry date, what visa will be issued to her? will it have an expiry date?

What are the documents that I need to provide for FLR (M)?

Then after 5 years of her stay in the UK, i can apply for her british passport?

On a separate note what is form FLR(LR) for?

[MPH80]

The visa granted on FLR(M) is the same visa she's on now - limited leave to remain as a partner.

It will have an expiry - set to 2.5 years after the grant date.

The documents required for FLR(M) are the same as the documents (financial, English test, accommodation, proof of relationship) from when you applied for the original spouse visa.

Once she's completed her 60 months - you can apply for indefinite leave to remain on form SET(M). Once she has got that - providing the rules don't change - she can apply for British citizenship. Once that has been approved and she has her ceremony - you can apply for a British passport.

FLR(LR) is a form for those applying for leave to remain based on the fact they have been in the country a long time.