When my wife is eligible for ILR

[ref786]

Hi There,

I will really appreciate if someone can answer my query. I explain about my immigration status first so that you have better understanding. I became UK citizen 4 months ago through Tier 1(general) channel. I brought by wife to the UK in August 2013 and at the time I had Tier 1 general. I know under this situation she will be eligible for ILR after 5yrs but some of my friends are saying she can even apply for ILR after 3 yrs as I am now British citizen. I am not sure that 3 years period of time starts from the point I gained British citizenship or from the point when my wife came to the UK (August 2013). Can anybody clear up my doubts please?

Many Thanks,
Ref

[CR001]

To qualify for British Citizenship, your wife has to have ILR. She can only apply for ILR after 5 years residence. Immediately after she is granted ILR, she can apply for citizenship and will NOT have to wait 12 months with ILR first.

As she came to the UK after July 2012, there is only the 5 year route to ILR. There is no quicker route or shortcut.

Before July 2012, dependents could apply for ILR after 2 years residence and then after 1 year ILR, for citizenship so this is where the 3 years as spouse of BC comes in.

[Casa]

Your friends are confusing this with British citizenship, where the spouse of a BC will qualify after 3 years of legal residence. However, the catch is that ILR must be granted first...and it is still a 5 year path to ILR.

Edit: Pipped at the post again by CR001

[ref786]

Thanks for replies