Stages in spousal visa to ILR or citizenship

[Caroline-CC]

Hello,

Sorry for such a general question, but could anyone explain to me the number of years you have to live in the UK on a spousal visa before you can apply for ILR or citizenship? I am British and my husband arrived here from Canada in September 2013. Am I right in thinking he can apply for ILR after 33 months? And am I right in thinking he can apply for citizenship after 3 years? If so, does this mean that you can apply to become a citizen rather than ILR?

Many thanks for any clarification.
Caroline

[MPH80]

If your husband arrived in September 2013 then he got his visa after the rules changed in July 2012.

For you:

He can apply for ILR after 5 years. He needs to apply for a renewal of his visa at the end of his current one - the new one will have the same length as the old one and you need to meet the standard requirements (financial, accommodation, language).

After that time - he can apply for ILR. Once he has ILR (if the rules don't change in the meantime) he can then apply for citizenship.

You cannot apply for citizenship without ILR.

Previously (and what you're mixing it up with) for those who applied before July 2012:

Anyone on a spouse visa was granted two years entry clearance. After that you could apply on ILR. After having spent 3 years in the UK they could then apply for citizenship. You still had to have ILR before applying for citizenship but the path was shorter.

[WR1]

Basically to sum it up (assuming rules don't change):

* Spouse visa issued for 2.5 years
* Apply for Further Leave to Remain for another 2.5 years before current visa expires.
* After a total for 5 years probationary period completed, apply for ILR.
* After ILR, apply for Citizenship

Do note that one of the requirements for applying for Citizenship is that the applicant must hold ILR.

[Caroline-CC]

Many thanks for the replies. All clear now.

[MPH80]

Basically to sum it up (assuming rules don't change):

* Spouse visa issued for 2.5 years
* Apply for Further Leave to Remain for another 2.5 years before current visa expires.
* After a total for 5 years probationary period completed, apply for ILR.
* After ILR, apply for Citizenship

Do note that one of the requirements for applying for Citizenship is that the applicant must hold ILR.

Thanks WR1 - put far better than I did.

[Rayking]

Basically to sum it up (assuming rules don't change):

* Spouse visa issued for 2.5 years
* Apply for Further Leave to Remain for another 2.5 years before current visa expires.
* After a total for 5 years probationary period completed, apply for ILR.
* After ILR, apply for Citizenship

Do note that one of the requirements for applying for Citizenship is that the applicant must hold ILR.

As well as pass life in UK test with English level @ B1.

[WR1]

Basically to sum it up (assuming rules don't change):

* Spouse visa issued for 2.5 years
* Apply for Further Leave to Remain for another 2.5 years before current visa expires.
* After a total for 5 years probationary period completed, apply for ILR.
* After ILR, apply for Citizenship

Do note that one of the requirements for applying for Citizenship is that the applicant must hold ILR.

As well as pass life in UK test with English level @ B1.

For the OP, this will be at the ILR application stage, not FLR(M). Since the husband is from Canada, the English requirement will already be met by being from a majority of English speaking country, so just LIUK test required for ILR/BC.

[Rayking]

@WR1,thanks, was too late for me to edit.you're correct with that.