Getting Married and ILR

[jayj]

My girlfriend and I were going to get married after I get my residency which was the 4years now changed to 5 years.I'm non-EU and she is EU The reason I wanted to wait for reisidency is that I am lead to believe that if I do get married whilst on my WP , those years I spent on my permit will be lost and will have start again on a marriage visa which will now take 5 years to gain residency. Since the rule change which was retrospective, I 'm thinking of getting married and not waiting for another year on my permit. What are my options?
1.Be on the work permit , don't get married until residency (a years time)
2.Get married and be on the marriage visa which will take 5 years to gain residency .
3. Be on the work permit, get married and still be on the workpermit if this can be done.

What happens if I choose the 3rd option and HO refuses my ILR(you never know with all the changes going on) and I'm married to my girlfriend who is an EU national?

Many thanks , I hope that they do change the rule to 4 years for people currently on the system.

Cheers
J

[cas]

Hi

Same thing happened to my friend, you could be married and run the workpermit simultaneously ad once ILR is granted you shall be sorted.
I don't think they are going to change the rules , protests have been made but laws in this country w.r.t. immigration are going to get more strict , so hang on tight....

[vijikrish]

I have a similar query with my marraige & ILR.

I currently have my ILR stamped last month and will be getting married in Dec this year. My fiance' will be coming to the UK on WP in a few months.
I have the following options
1. He comes in to UK on WP then converts to ILR dependent FLR(M) for 2 years and then we apply for Naturalisation next year together
2. If it is possible to apply for ILR from outside UK then he can come in as ILR dependent in the first instance and then we could apply for Naturalisation next year
3. He comes in WP and next year we could get naturalisation together and avioding converting his visa status to ILR. Is this possible?

Can someone advise on the best way forward for us??

[vijikrish]

I have a similar query with my marraige & ILR.

I currently have my ILR stamped last month and will be getting married in Dec this year. My fiance' will be coming to the UK on WP in a few months.
I have the following options
1. He comes in to UK on WP then converts to ILR dependent FLR(M) for 2 years and then we apply for Naturalisation next year together
2. If it is possible to apply for ILR from outside UK then he can come in as ILR dependent in the first instance and then we could apply for Naturalisation next year
3. He comes in WP and next year we could get naturalisation together and avioding converting his visa status to ILR. Is this possible?

Can someone advise on the best way forward for us??

I am sure someone knows about it.. please help..

[olisun]

I have a similar query with my marraige & ILR.

I currently have my ILR stamped last month and will be getting married in Dec this year. My fiance' will be coming to the UK on WP in a few months.
I have the following options
1. He comes in to UK on WP then converts to ILR dependent FLR(M) for 2 years and then we apply for Naturalisation next year together
2. If it is possible to apply for ILR from outside UK then he can come in as ILR dependent in the first instance and then we could apply for Naturalisation next year
3. He comes in WP and next year we could get naturalisation together and avioding converting his visa status to ILR. Is this possible?

Can someone advise on the best way forward for us??

1) I am not sure if your spouse can switch from WP to a dependant visa in the UK and even if he does manage to, he will get 2yrs spouse visa rather than ILR directly.

2) See response 1

3) Not possible. He will have to have min 3 yrs stay in the UK if he has to qualify for citizenship based on the marriage to a british citizen, i.e. yourself. 3yrs start from the day he enters the UK either on his own wp or as your dependant.

others can comment on this.

[JAJ]

My girlfriend and I were going to get married after I get my residency which was the 4years now changed to 5 years.I'm non-EU and she is EU The reason I wanted to wait for reisidency is that I am lead to believe that if I do get married whilst on my WP , those years I spent on my permit will be lost and will have start again on a marriage visa which will now take 5 years to gain residency.

This is a misconception. There would be no obligation for you to go for an EEA Family Permit, you could stay as a work permit holder if you preferred.

How long has your girlfriend been in the UK and which EU country is she from? If she's in the UK for 5 years herself, why does she not apply for Indefinite Leave to Remain? If she had ILR then she could sponsor for a spouse visa, it's only 2 years to ILR for you if you're on a spouse visa.

Does your girlfriend plan to become a naturalised British citizen? If so, once you're legally married, you will only need to meet the 3 year residence requirement for British citizenship, not the 5 year rule. You would still need to have ILR however.

[jayj]

My girlfriend is from Poland and she has been in the UK for 1.5 years. What I would like to know is once my permit is up next year which will be 5 years , I would be legible to apply for ILR but if it is refused for some reason, what would I do if I'm married to my girlfriend already ?
Would I need to apply for an EEA permit and be able to stay in the UK?
Cos if I can't after 5 years and my ILR is refused(being pessimistic) , I would have leave the UK.

Please advise...many thanks

[vijikrish]

I have a similar query with my marraige & ILR.

I currently have my ILR stamped last month and will be getting married in Dec this year. My fiance' will be coming to the UK on WP in a few months.
I have the following options
1. He comes in to UK on WP then converts to ILR dependent FLR(M) for 2 years and then we apply for Naturalisation next year together
2. If it is possible to apply for ILR from outside UK then he can come in as ILR dependent in the first instance and then we could apply for Naturalisation next year
3. He comes in WP and next year we could get naturalisation together and avioding converting his visa status to ILR. Is this possible?

Can someone advise on the best way forward for us??

1) I am not sure if your spouse can switch from WP to a dependant visa in the UK and even if he does manage to, he will get 2yrs spouse visa rather than ILR directly.

2) See response 1

3) Not possible. He will have to have min 3 yrs stay in the UK if he has to qualify for citizenship based on the marriage to a british citizen, i.e. yourself. 3yrs start from the day he enters the UK either on his own wp or as your dependant.

others can comment on this.

Thanks Olisum.
Does this mean he cannot apply for citizenship with me? At the time of our marraige I am not a British citizen even then do u think he'll need to be in the UK for 3 years??? Wot do u advise the best way forward for us to easen the burden on converting to different Visas... Any advice much appreciated.

[jayj]

The thing that 's confusing me is :-
If I get married , continue on my workpermit and at the end of 5 years which is next year , I get ILR , excellent , then I apply for naturalisation after some years BUT if they turn me down for ILR , what do I do if I'm married to my girlfriend who is from the EU(Poand)?
Can continue to work in my job in the UK ? What permit can I go on ? is it EEA?

[Marie B]

I currently have my ILR stamped last month and will be getting married in Dec this year. My fiance' will be coming to the UK on WP in a few months.
I have the following options
1. He comes in to UK on WP then converts to ILR dependent FLR(M) for 2 years and then we apply for Naturalisation next year together
2. If it is possible to apply for ILR from outside UK then he can come in as ILR dependent in the first instance and then we could apply for Naturalisation next year
3. He comes in WP and next year we could get naturalisation together and avioding converting his visa status to ILR. Is this possible?

1. As Olisun has said - I don't think your fiance can switch to a dependent on your ILR as you already have your ILR and he was not included in your application as a dependent. He could apply for FLR (M) - further leave to remain on the basis of being married to you. This is not the same thing as ILR. At the end of the two year FLR period he has to then apply for ILR - only once he has been here for 3 years (if you are by then a BC) he can apply for naturalisation, if you are not a BC by then he will have to complete 5 years residency.

Does this mean he cannot apply for citizenship with me? At the time of our marraige I am not a British citizen even then do u think he'll need to be in the UK for 3 years??? Wot do u advise the best way forward for us to easen the burden on converting to different Visas... Any advice much appreciated.

- Your ILR/future British Citizenship is not transferable to your husband just by getting married to him - just as my British Citizenship is not transferable to my husband. He has to complete his own required residency period and apply for his own ILR. You can't apply for naturalisation together for the same reason - at a minimum he needs to have been resident here for 3 years (5 years if you are not a BC)and he has to have ILR.


2. Same as 1. above - It is not possible to apply for ILR from outside the UK - and he is not an ILR dependent - he is on a wp and will then be FLR (M). He can't get ILR straight away as he must have completed the residency requirements (5 years on a wp, 2 years on a spouse visa) or been included in an ILR application as a dependent (for which the dependent must have been resident at the time of application). You cannot naturalise at the same time as he will not have ILR and will not have completed the residency requirements.


3. Once again this is not possible, he needs to complete the residency requirements for the visa he is on and then obtain his own ILR - once he has this he has to complete the residency requirements for naturalisation and apply separately. Even if he had been included in your ILR application as your dependent and been granted ILR at the same time as you he would not be able to naturalise at the same time as you unless he too had completed the residency requirements for naturalisation - 6 years on wp (5 years wp + 1 year ILR) or 3 years as spouse (2 year spouse + ILR). As much as it would be convenient for you, your ILR or future citizenship is not transferable to your husband.

[Marie B]

The thing that 's confusing me is :-
If I get married , continue on my workpermit and at the end of 5 years which is next year , I get ILR , excellent , then I apply for naturalisation after some years BUT if they turn me down for ILR , what do I do if I'm married to my girlfriend who is from the EU(Poand)?
Can continue to work in my job in the UK ? What permit can I go on ? is it EEA?

If you are married to an EU citizen you can apply for an EEA family permit, which is free and means you can work here without restriction.

[vijikrish]

Thanks Marie for your reply.

Could you please clarify another thing for me.
Can my fiance apply for FLR(M) after marraige from abroad i.e. before coming in to the UK. Does it have any restrictions to work while he is on this visa?

Many Thanks.

[jayj]

Thanks Marie for you advise. In order to get EEA permit , I need to first get COA(Certificate of Approval) , if this is agreed , then get married within 3 months then apply for EEA but I can still stay on workpermit and get my ILR next year.
What are the requirements for COA? I read on IND website something about them suspending the COA...

[Marie B]

Can my fiance apply for FLR(M) after marraige from abroad i.e. before coming in to the UK. Does it have any restrictions to work while he is on this visa?

As far as I understand FLR(M) is an in-country application for Further Leave to Remain, i.e. the person is already here and had some form leave to remain / visa before (e.g. fiance visa). If you are marrying abroad and your spouse is going to apply to come here he can (as the spouse of a holder of ILR) apply for a spouse visa. I think he could possibly apply for a dependent visa even though you are now on ILR - but I'm not entirely sure about this - someone else may know the answer to this one.

A spouse visa is two years and does not have any restrictions on working. You have to prove you meet certain financial and accommodation requirements. You have to fill in application form VAF2, all the requirements are on the form and guidence notes, which are downloadable from the ind website. When the two years are up if you once again meet the requirements your spouse can apply for ILR. If married to a BC the spouse can then apply for citizenship after 3 years in the uk, if married to someone of another nationality citizenship can be applied for after 5 + 1years ILR in the country.

The dependent visa is dependent on your work permit - not sure if this would still apply, someone else may have an answer - it definitely wouldn't apply once you have British Citizenship - then the only option is the spouse visa. For the dependent visa you have to fill in VAF1 and include all supporting documentation relating to accommodation and finances, etc. There are no working restrictions on a dependent visa. The dependent visa is cheaper than the spouse visa and is valid as long as the sponsoring partner's WP is valid (this is why it may not be appropriate for you). When the WP holder applies for ILR they include the dependent in the application, who then gains ILR at the same time as the WP holder. I think the residency requirements are the same as Spouse of a non-BC, 5years + 1 year ILR but since the change in length of WP happened I'm not sure - it always used to be 4 years + 1 year ILR.

[Marie B]

In order to get EEA permit , I need to first get COA(Certificate of Approval) , if this is agreed , then get married within 3 months then apply for EEA but I can still stay on workpermit and get my ILR next year.
What are the requirements for COA? I read on IND website something about them suspending the COA...

The COA was suspended following the HO being taken to court over discrimination; the only people not needing to apply for a COA were those marrying in a CofE church - the courts agreed that this was discriminatory. Since then the HO is dealing with individual applications as they are received - I think - check the IND website for updates / news. They also have information about applying for the COA on their website, just type in the search box at the top:

http://www.ind.homeoffice.gov.uk

I think if you are granted a new type of visa your last visa automatically becomes obsolete - they can't run concurrently - so your work permit will automatically be cancelled if you are issued with an EEA family permit. This won't stop you from applying for a COA and getting married, though. Perhaps it would be a good idea to go ahead and then if ILR is refused you can apply for an EEA family permit, what makes you think ILR won't be granted anyway??

[John]

The COA was suspended following the HO being taken to court over discrimination

The CoA has not been suspended. Any newspaper article saying that got it totally wrong!

The actual comment on the IND website says something rather different :-

Important information regarding Certificate of Approval for Marriage (COA) applications

Following a judgement in the High Court on 10th April 2006, the Home Office has suspended decisions on some Certificate of Approval for Marriage (COA) applications. These are ones which would normally fall for refusal under current guidelines. The Home Office will be writing to those applicants affected by the suspension.

COA applications which meet the criteria will continue to be decided.

The Home Office is currently considering the full implications of the judgement and this may include amending current guidelines.

In the meantime, if you are currently planning to submit a COA application, you should submit it in the usual way [ie on the COA (M/CP) application form and with the £135.00 fee].

[vijikrish]

As far as I understand FLR(M) is an in-country application for Further Leave to Remain, i.e. the person is already here and had some form leave to remain / visa before (e.g. fiance visa). If you are marrying abroad and your spouse is going to apply to come here he can (as the spouse of a holder of ILR) apply for a spouse visa. I think he could possibly apply for a dependent visa even though you are now on ILR - but I'm not entirely sure about this - someone else may know the answer to this one.

Thanks Marie. Could anyone else tell me if my fiance could apply for ILR dependent (FLR(M)) from abroad?
Though I have got my ILR, I still have my WP stamping on my passport valid until 2009. Does this mean my fiance could apply for dependent visa rather than Spouse Visa??? How would this affect his ILR stamping later?? Could someone please advse....

[ppron747]

Surely your work permit is no longer valid, because it is no longer necessary, having been superceded by your ILR? This being the case, it is too late for your fiance to be the dependant of a WP holder without the use of a time machine....