Husband got UK citizenship, wife on Tier 1 Migrant.

[shishir30]

Hi,

I have recently got UK citizenship and applying for British passport within a week.

My wife is on her own Tier 1 Migrant visa from last 4 years and not dependant on me.

We are living in UK together from more than 3 years now.

Please could you advice the quickest way for her to get the british nationality.

If I go with the usual way, she will be eligible for ILR in Jun 2012 and then for citizenship in Aug 2013.

Could I convert her Tier 1 migrant straight into citizenship based on my status.

Or another known way ?

Thanks,
Shishir.

[Lucapooka]

The quickest way would be for her to apply for ILR next year (assuming five years of legitimate leave under Tier 1) and then, when granted, apply immediately for citizenship on the basis of her residence period, having ILR, and having a British spouse. There is not need to wait a year after her ILR.

[shishir30]

Thanks for your response.

In this case, could she not apply for ILR by switching category from Tier 1 Migrant based on British spouse and then immediately apply for BC.

If possible, she may not have to wait for another 8 months to get ILR?

[geriatrix]

No.

[shishir30]

For clarification sake, I am reading criteria on UKBA website under section: -

Link: - http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

"These pages explain whether you can apply to enter or remain in the UK as the husband, wife or civil partner of a British citizen or someone who is settled here."

Can you 'switch' if you are already in the UK?

You may be allowed to switch into the category of husband, wife or civil partner if:
you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

Based on which I asked the above question and think she may be eligible for ILR based on British spouse.
Do you think I have understood this link completely wrong and please if you could explain a little "why" ?

[Greenie]

You have misunderstood the information and also have not read all of the information available. 'switching' refers to switching from one category of limited leave to another from within the UK. See also how long can i stay

[shishir30]

Thanks... That clarifies the doubt.... So quickest post is as per first post.

Thanks to all for replying.