Spouse of British citizen ILR

[e2saleh]

Hi,

I got British citizenship few weeks ago (10 May 2016) after 12 month of ILR. My wife came to the UK in 2011 as a dependant, and when I got ILR last year (March 2015) we switched her visa to partner of a settled person (FLR(M)).
The question is, when can we apply for her ILR as a spouse of a British citizen? Initially I thought we have to count 5 years from the time I got my ILR, but talking to people it seems that we need to count only 2 years (or so) after my ILR as she already lived in the UK continuously since 2011. Any advice please?

Thanks,
Ehab

[CR001]

On what basis did you obtain ILR (10 years long residence or PBS route 5 years)?

By switching your spouse to FLR(M), she now has to wait 5 years in this category (2 X 2.5 year visas) before she will qualify for ILR on Set(M).

There is no quicker route or short cut.

[e2saleh]

Thanks CR001,

I got my ILR based on 10 years stay. I was talking to someone who obtained ILR after 2 years of being a spouse of a British citizen because he was in the UK for 4 years before he got married, so they counted his time before being a spouse of a British citizen. Saying that this was 3 years ago. I know the rules have changed so I was hoping if there is a way to go for such route under the new rules on the basis that my wife has been in the UK for 5 years now (4 years on TIER 2 dependant visa and 1 year on FLR(m)), also myself and our two children we all have citizenships so I was hoping such things might help!

[CR001]

By switching your spouse to FLR(M), she now has to wait 5 years in this category (2 X 2.5 year visas) before she will qualify for ILR on Set(M).

There is no quicker route or short cut.

This advice stands and is correct. She will have to spend 5 years on FLR(M) before she qualifies for ILR. She cannot use the combination of PBS dep and FLR(M) to make up the 5 years. There were transitional provisions for your/your wifes' situation but HO removed these in April 2014 so are no longer available to use.

Because you obtained ILR through long residence, she has effectively lost the time she spent as PBS dependent and the FLR(M) application reset her clock to zero and a new 5 year period before qualifying for ILR.

[e2saleh]

Thanks for your prompt answers CR001. I was hoping to get the whole family naturalised rather we get split every time we travel. I guess we have to live with that for few years.

Thanks,

[e2saleh]

Hi,

In the guidance notes for SET(M) under note 2, to qualify for ILR and use the SET(M) application you have to complete 2 years leave to enter or remain as the partner of the person named in your application. This period (of 2 years) runs from the date on which you were first granted leave to remain in the UK in the relevant category.
Almost same text (with more details) is available under part 8 - paragraph 287 of the immigration rules.

My case is, in March 2015 I was granted ILR based on 10 years route, in which my wife got FLR(M) for 30 months. In that time we thought we had to wait for 5 years in order for my wife to get ILR, but I was talking to a friend today and he highlighted that it might be possible to use the 2 years window stated in the SEM (M) guidance notes and the immigration rules as mentioned above.
In fact my wife came to the UK in 2011 as a dependant of student (i was completing my PhD) and then in 2013 she became a dependent of Tier 2 visa (when I started my job).

I am happy to go for a solicitor if needed providing there is some hope.

Thanks,

[vinny]

CR001 gave the correct response.

Unfortunately, the rule changes on 6th April 2014 prevented your wife from using the 2-year route.

[vinny]

M.