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US citizen on Tier1 permit married to British citizen- form?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Misspoppy
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Joined: Fri Feb 13, 2015 9:24 am

US citizen on Tier1 permit married to British citizen- form?

Post by Misspoppy » Fri Feb 13, 2015 10:03 am

Hello,

I am a U.S. Citizen who arrived to UK in August 2008 on work permit. Since then I twice got granted Tier 1 (general) resident permit. I am married to a British Citizen (since August 2014) and now am looking to apply for IRL as a single applicant without dependant. Eventually I would like to apply for British Citizenship.

What form should I be using for my application? At first I thought SET (M) might be the one but the last paragraph of the following extract of the guidance note made me unsure and turned me to this forum for help.
By using FLR(M) would I be applying for indefinite leave to remain rather than just an extension?

"1. For Which Applications Must You Use Form Set(M)?

Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories:

- spouse or civil partner of a person present and settled in the UK
- unmarried or same-sex partner of a person present and settled in the UK You and any children under 18 applying with you must be in the UK to apply.

If you were not last granted limited leave to enter or remain as the partner of a person present and settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this form. The correct form to apply for further leave to remain on as a partner of a person present and settled is form FLR(M). "


Thank you
M

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: US citizen on Tier1 permit married to British citizen- f

Post by Wanderer » Fri Feb 13, 2015 11:46 am

Deleted - wrong answer!
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: US citizen on Tier1 permit married to British citizen- f

Post by Casa » Fri Feb 13, 2015 1:35 pm

SET(O). It would only be SET(M) if your husband was your sponsor. Immediately after being granted ILR you can apply for British Citizenship assuming you meet the standard requirements.
If you switch categories by applying for an FLR(M) (spouse visa) extension you will re-set your clock for ILR to a further 5 year route to permanent residence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Misspoppy
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Posts: 3
Joined: Fri Feb 13, 2015 9:24 am

Re: US citizen on Tier1 permit married to British citizen- f

Post by Misspoppy » Fri Feb 13, 2015 8:26 pm

Thank you so much Casa. We shall start filling in that form.

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