ILR as spouse after naturalisation?

[ironmaiden]

Hi guys,

My friend has just been naturalised as BC. His wife has a work permit in the UK (it's called Turkish businessperson visa I guess). They have been married for 2.3 years.

The question is: because they are married and he is British citizen now, can she apply for ILR as a family member of BC?

Many thanks in advance

[Casa]

No. She would first have to switch to Spouse on FLR(M) and this is a 5 year route to ILR. The 'clock' would reset to zero if she switches.
How long as she been in the UK on her work visa?

[ironmaiden]

No. She would first have to switch to Spouse on FLR(M) and this is a 5 year route to ILR. The 'clock' would reset to zero if she switches.
How long as she been in the UK on her work visa?

Thanks for prompt response Casa.

She has been living in the UK for about 3 years I guess. What I know is she came here with 6 months of tourist visa then switched that to businessperson. So I assume it's about 3 years.

The thing is, it was my idea that she might be able to get ILR as my friend is BC now and they are married. I thought it might be possible because I checked that if she's eligible for ILR below link;

https://www.gov.uk/settle-in-the-uk

In the first question "What's your situation?" For the answer I chose "You're the family member or partner of a British citizen "and according to that she would be eligible. I am not entirely sure if that was the right option to choose as the options are a bit confusing. It doesn't really say something like "You have spouse visa" etc., it says only if you are a family member or partner of a BC. That's why I thought she might be eligible.

If she switches the visa to spouse one, is it not 3 years route because her husband is BC now?

[Casa]

At present she is on a work visa with a 5 year route to permanent settlement. Whether or not her husband has British nationality, there is no shorter route. As I explained in my previous post, if she switches now to a spouse category visa, she will start from scratch and have another 5 years to complete (2.5 years + 2.5 years). You're confusing the 3 year rule with British Citizenship. Previously once someone had completed 3 years legal residence and had been granted ILR they could then apply for BC. However, although the 3 year residence remains the applicant needs ILR first and this now takes 5 years to qualify.

[WR1]

That link you posted is for people who are already on a spouse visa route and coming to an end of their qualifying period in order to apply for ILR. It will not be applicable for your friend.

The route to settlement as a spouse of a settled or BC person used to be 2 years but back in 2012, the HO changed the rules are now it's a 5 year path. Anyone applying as a spouse of a BC person must complete 5 years now.

[ironmaiden]

I see. Sorry for confusion and thanks very much for the explanation and prompt responses Casa.

You are definitely amazing!

[ironmaiden]

That link you posted is for people who are already on a spouse visa route and coming to an end of their qualifying period in order to apply for ILR. It will not be applicable for your friend.

The route to settlement as a spouse of a settled or BC person used to be 2 years but back in 2012, the HO changed the rules are now it's a 5 year path. Anyone applying as a spouse of a BC person must complete 5 years now.

Thanks very much WR1. I don't really know much about spouse type of visas and I thought that 3 years rule is still the same. Anyway thanks very much for responses guys. I appreciate your help.

[Casa]

Unfortunately the Home Office don't make the Rules easy to understand.