Re: Spouse Visa Extension

[raoraorao]

Dear Friends

My wife's spouse visa is getting expired in August 2016. I am bit lost touch with recent guidelines, hoping that one of you might comment/correct/advise me on the following please.

Background:

I was on ILR visa(10 years route) when we got married in 2013, India.
My wife got spouse visa(form:VAF4A) in India.

Spouse visa valid from : 20/11/2013
Spouse visa valid until : 20/08/2016
But she actually moved to UK on : 24/01/2014

I became naturalised on : 05/11/2014

My wife took my surname, changed her signature, so we updated her Indian passport, as well as updated her new details at UKBA(using Transfer Of Conditions form), she got her first Biometric card (valid from: 20/08/2016)

My question is:

1) Does my wife should extend her spouse visa(using form:FLR M), wait for at least 5 years to get ILR, then apply for Citizenship an year or 2 years later?

2) Or is there any other route she can take to settle or get citizenship sooner? I vaguely remember reading somewhere that spouse of a British citizen can request for ILR/Citizenship after living together for 2 or 3 years? (Not the spouse visa applied before 9 July 2012, 2 years route). Is there any such provision exist, instead of going for 5 years route? I took citizenship in 11/2014, so she completes 2 years as spouse of British citizen by end of 11/16.

Please let me know if there is any options I could use.

Thanks for your time and help in advance.

Cheers
Rao

[CR001]

1. Yes, she needs to extend her visa on FLR(M) for a further 2.5 years. Then apply for ILR and once granted, can apply for citizenship based on 3 years residence as spouse of BC.

2. No, there is no other quicker route. She can apply for BC based on 3 years residence but she needs ILR to be able to apply for BC. To get ILR, she needs 5 years residence.

When she extends her visa, she will also have to pay the £500 immigration health surcharge and meet all the requirements (financial and English and proof of cohabitation).

[raoraorao]

Many thanks for clarifying dear @CR001

Am I right in understanding that once she got ILR approved, she can immediately apply for BC based on 3 years, or is there any time limit that she should wait after ILR?

Thanks for your help again.

Cheers
Rao

[Casa]

Yes she can, as long as she meets all the standard requirements.

[raoraorao]

Thanks dear @Casa for confirming it. Cheers

Yes she can, as long as she meets all the standard requirements.