On a student visa, married for 3.5 yrs to a uk citizen

elena2009 · Post by **elena2009** » Sun Aug 23, 2009 10:09 pm

Hello everyone,

A friend of mine has been married to her husband for 3 1/2 years now and they have a child together but she's on a student visa. She is under the impression that she can now apply for ILR skipping the whole flr(m) process because she claims that some people told her that gaining permanent residency once married to a citizen takes three years.

I thought that time spent on the student visa didn't count towards permanent settlement? Or does it count in her case because she's married?

I just think it's unfair for those who had to switch to a spouse visa and have the clock start from there but I'm not sure if what she's saying is correct.

Thanks for your help on clarifying

Wanderer · Post by **Wanderer** » Sun Aug 23, 2009 10:48 pm

She'll need to wait two years on FLR(M) before ILR so student time doesn't count. However her time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years.

And pay Â£1600 or so for it!

Post by **Obie** » Sun Aug 23, 2009 11:26 pm

Her time on student visa will count towards her three years immediately after she obtains ILR.

She would have to go through the spousal visa process and apply for ILR after 2 years. On receipt of the ILR, she can apply for citizenship as the spouse of a British National, with whom she has spend 3 lawful years in the UK.

Wanderer · Post by **Wanderer** » Sun Aug 23, 2009 11:29 pm

Obie wrote:No, her time on student visa, doesn't count for the purpose of citizenship.

She would have to go through the spousal visa process and apply for ILR after 2 years. On receipt of the ILR, she can apply for citizenship as the spouse of a British National, with whom she has spend 3 lawful years in the UK.

With respect, Obie, her student time would count towards Citizenship, but not towards ILR. Which I think is what u said too!

Post by **Obie** » Sun Aug 23, 2009 11:33 pm

Correct Wanderer, i was editing my post simultaneously with you replying to me.

I slightly misunderstood you. Apologies for that.

Wanderer · Post by **Wanderer** » Sun Aug 23, 2009 11:49 pm

Obie wrote:Correct Wanderer, i was editing my post simultaneously with you replying to me.

I slightly misunderstood you. Apologies for that.

np Obie, I understand.

The Ashes belong to England....

Post by **Obie** » Sun Aug 23, 2009 11:58 pm

I can see you are quite overjoyed by England's success. Congratulations.

In regards to the OP's eligibility, one can only hope that much doesn't change for spouses of British Citizenship in 2011.

If she has to accrue points in order to qualify when the 2011 rules comes into effect, the criteria for her might be stiffer.

navbulls · Post by **navbulls** » Mon Aug 24, 2009 12:06 am

Hi! Obie, Wanderer

"time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years."

Can I ask, I stayed in the UK as student for 4 years, came bck to my home country n now married to UK citizen.. I dont know if I understand the above quote correctly... would I be eligible for ILR & Citizenship at the same time after completion of 2 years on spouse visa.

Post by **Obie** » Mon Aug 24, 2009 12:55 am

This does not apply in you case mate unfortunately.

It applies to peculiar cases, in which a Non British Spouse of British Citizen, continue to maintain their student status after they got married to the British citizen.

Because your marriage did not take place whiles you were a student, but after, the time you spent in the UK will not count, as you were not married to her then.

Post by **vinny** » Mon Aug 24, 2009 1:17 am

navbulls wrote:Hi! Obie, Wanderer

"time on student visa will count towards citizenship, so theoretically she could get ILR and BC status at the same time in two years."

Can I ask, I stayed in the UK as student for 4 years, came bck to my home country n now married to UK citizen.. I dont know if I understand the above quote correctly... would I be eligible for ILR & Citizenship at the same time after completion of 2 years on spouse visa.

Currently, almost correct. You should have ILR before being eligible for Naturalisation. You do not have to be married for three years, just on the day of the application. You may apply for Naturalisation on the day you receive your ILR, provided you satisfy all the requirements.

Post by **Obie** » Mon Aug 24, 2009 1:56 am

If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.

If however you lived in the UK for a year as a student, got married and received FLR(m) for 2 years, then at the end of the 2 years on spousal visa, you can apply immediately on receipt of ILR.

Vinny is perfectly correct, it is 3 years of lawful resident that counts and not 3 years of marriage.

Post by **vinny** » Mon Aug 24, 2009 2:17 am

Obie wrote:If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.

It does count!

navbulls · Post by **navbulls** » Mon Aug 24, 2009 9:48 am

vinny wrote:
Obie wrote:If you left the UK after your studies and re-enter again in a different capacity eg(spousal Visa) after your marriage, the four years you spent studying in the UK will not count as the 3 years lawful resident when you apply for naturalisation upon receipt of ILR.
It does count!

Thanks Vinny the above link was very helpful... Obie hope you agree I would be eligible as per above.

Many thanks

Post by **Obie** » Mon Aug 24, 2009 11:38 am

Navbulls i agree. please ensure your absence from the UK did not exceed the period stated here.

usman1900 · Post by **usman1900** » Tue Aug 25, 2009 4:07 pm

Hi can anyone tell me that can i apply for Citizenship straight away after getting ILR.. i came to uk in sep 2003 i was student and i got married with british citizen in 2007 now i have been granted ILR.... can i rightaway apply for Citizenship..

thanks

Post by **vinny** » Tue Aug 25, 2009 10:44 pm

Probably. Suggest that you use the NCS.

angel7 · Post by **angel7** » Wed Aug 26, 2009 10:05 pm

Hi Guys,

I am new to this site,like to get some valuable advice from you people.

while I am in a student visa, I met my partner (british citizen) who is a full time employee. our relationship is 3 yrs and 7 months now.
when it comes to 4 years can get ILR on unmarried partner ground.
If so who should apply me or him?
Many thanks inadvance for any help

Post by **vinny** » Wed Aug 26, 2009 10:54 pm

angel7 wrote:Hi Guys,

I am new to this site,like to get some valuable advice from you people.

while I am in a student visa, I met my partner (british citizen) who is a full time employee. our relationship is 3 yrs and 7 months now.
when it comes to 4 years can get ILR on unmarried partner ground.
If so who should apply me or him?
Many thanks inadvance for any help

Unfortunately, no. Students cannot apply for ILR except under long residence. However, you may switch.

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On a student visa, married for 3.5 yrs to a uk citizen

On a student visa, married for 3.5 yrs to a uk citizen

ILR and Citizenship