NEED URGENT HELP PLEASE

[MartinKing]

Dear legal experts & forum members,

I would like to thank you for the help & support you gave me last year. It has been more than a year now since I posted here. I will briefly update you on my status and ask for your views as well.

Last year, although the work permit department in Sheffield confirmed my eligibility for switching, I decided to leave the country and apply for the visa from abroad due to time restrictions (Workpermit case worker said I might not receive it before 1/Jan if I apply from within the UK). I was granted my work permit visa abroad (valid for 5 years) and returned to the country around mid to end of December last year (07) and started my new job on the 1/Jan/08 and I'm working there since.

Now as my wife has taken the oath recently and became British. How would my situation change? Would I be able to apply for ILR or Naturalisation soon? Would I be able to switch again without leaving the country?

I don't want to overwhelm you with details but I mentioned in my earlier posts that we have been living together since Jan 2005 (Initially we had our two addresses in the same city but eventually kept one of them around August 2005), we got married in the US on February 2007 and we are still together since.

Note: For the sake of keeping this post short, I decided not to repeat previous details that could appear irrelevant here. If you have need any clarification, could you please ask me or refer back to my first or subsequent posts on this thread: http://www.immigrationboards.com/viewtopic.php?t=20562

Your help and advice is needed and highly appreciated. Please let me know your thoughts.

Many thanks.
All the very best,

M.K.

[paulp]

You now have the option of changing to a spouse visa, with a view to getting ILR in 2 years.

[MartinKing]

I have done a bit of research on the issue. I have read that if you have been married for less than 4 years, you need to apply for a spouse visa. But if you have been married for 4 years or more you can have ILR straight away. I was wondering whether 2 years living together + 2 years of marriage could count as the 4 years required for the ILR in that case.

Plus the law only tackles the issue when the spouse is outside the country and this is NOT my case as I have been living here for almost 9 years now.

Any fresh interpretations? I would really appreciate it.
Many thanks again.
All the best,
M.K.

[paulp]

You're correct, ILE (Indefinite Leave to Enter) is only for spouses who have lived abroad with a British Citizen for 4 years.

[sakura]

I have done a bit of research on the issue. I have read that if you have been married for less than 4 years, you need to apply for a spouse visa. But if you have been married for 4 years or more you can have ILR straight away. I was wondering whether 2 years living together + 2 years of marriage could count as the 4 years required for the ILR in that case.

Plus the law only tackles the issue when the spouse is outside the country and this is NOT my case as I have been living here for almost 9 years now.

Any fresh interpretations? I would really appreciate it.
Many thanks again.
All the best,
M.K.

You only qualify for a spouse visa. If you have been here almost 9 years, maybe you would qualify for ILR under the 10 years Long Residency? Have you looked into this?