New Zealander on Tier 2 Sponsored - Change To ILR via Fiance

[Dcb1982]

Hi All,

I am a kiwi in the UK on a Tier 2 sponsored visa. I have been here nearly 4 years. Whilst I have been here I have gotten engaged to a UK citizen. We have been together 3 years and living together 2.

We get married at the end of this year but I want to know if I can apply for ILR for my passport. The people I work for have recently made people redundant and I worry that if this should happen to me I would have to go home. If I changed my visa for ILR I would be freeto stay and seek employment elsewhere.

Does anyone know what form I would need to fill in and how I would go about this?

Any help would be gratefully received!

Cheers

[Greenie]

I don't really know what the you mean by 'apply for ilr for my passport'. If you mean do you qualify for ilr on the basis of your relationship/marriage, the answer is no. You would first need to switch to limited leave as a spouse/partner and complete 5 years in this categorize before being able to apply for ilr on this basis.

[Dcb1982]

Thanks for the reply!

That is really helpful - do you know the name of the form?

After we are married would I still have to carry on with that or could I get ILR or something else (uk passport)? We plan to go to live in nz in the next few years as we would be married before is there something we could do to speed up a more permanent settlement for the uk so I would have that if we wanted to come back? Are there any conditions to the limited leave of a spouse partner?

Pease excuse my ignorance - I find all the information a bit overwhelming! We don't have any experience of this kind of thing.

[Greenie]

Thanks for the reply!

That is really helpful - do you know the name of the form?

After we are married would I still have to carry on with that or could I get ILR or something else (uk passport)? We plan to go to live in nz in the next few years as we would be married before is there something we could do to speed up a more permanent settlement for the uk so I would have that if we wanted to come back? Are there any conditions to the limited leave of a spouse partner?

Pease excuse my ignorance - I find all the information a bit overwhelming! We don't have any experience of this kind of thing.

The information I gave in my previous post applies whether you are married or unmarried (living together in relationship akin to marriage). If you want to apply for leave on the basis of your marriage or relationship you would need to spend another 5 years in the UK before being able to apply for settlement (ILR) You cannot apply for a British passport unless you are a British citizen and you cannot apply for citizenship unless you have ILR

The form is FLR(M). The requirements are complex and are set out here

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

[anniecc]

Greenie is correct. To switch to a partner category you need to apply on form FLR(M). You could apply immediately as an unmarried partner, or you could wait until you're married and apply in the spouse sub-category. In either case you'd need to complete five years in the partner category before applying for ILR. Your initial leave to remain would be for 2.5 years and then you'd have to apply to extend this (and pay another fee). If you spent a significant part of this five year period living in New Zealand you would not qualify for ILR and if you and your partner wanted to return to the UK you would have to apply for a new spouse visa. This is likely to be difficult unless your partner has a job or a job offer in the UK, at a salary level sufficient to support you both.

Bear in mind that if you continue on your existing Tier 2 visa for five years, you will become eligible to apply for ILR in your own right. The form for this is SET(O). It would also be a cheaper option as you'd only have to complete one application (for the ILR), whereas the partner route will require two further applications before you become eligible to apply for ILR.

Even once you have ILR, this does not automatically entitle you to return to the UK after a period living abroad, particularly if you’ve been away for more than two years. You would have to obtain UK citizenship to have complete freedom of movement between both countries. You can’t obtain citizenship until you’ve had ILR for at least a year.

[anniecc]

Bear in mind that if you continue on your existing Tier 2 visa for five years, you will become eligible to apply for ILR in your own right.

To clarify, this means a total of five years – one more year, if you’ve already been here for four.

[Dcb1982]

Wow - thanks for the info.

My visa runs out in march 2014 so maybe I will wait until then to apply in my own right as that will have been 5 years in the UK. The only reason we wanted to do it before is because the estate I work for have recently made people redundant. I was worried that if that happened to me I would have to go home.

If i apply in my own right using form SET(O) when should I apply? In January/February 2014? Will I be ok to remain in the UK whilst this is being processed?

We don't plan to move back to NZ until I am able to get a British Passport as then i will have freedom to come back if we ever need to.

Two last questions for you:

1) do you have any idea how long the process would take next January? If I fill in the SET(O) form when could I expect to hear back?

2) we are going to NZ at the end of this year to get married and the flights mean that I will be out of the UK for exactly 30 days. Would this be a problem on my sponsored tier 2 visa?

[Dcb1982]

Also do I need to take any tests like 'life in the UK' or anything?

[anniecc]

You should read the information on this page, as the answers to all your questions can be found there:

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

In short:

1) You can apply for SET(O) no more than 28 days before you complete the 5 year qualifying period.

2) Impossible to predict with any certainty how long the process will take, but you should typically allow six months for settlement applications by post. If you don't want to wait you can pay extra for a premium (in person) appointment.

3) 30 days out of the country won't cause a problem.

[anniecc]

Also yes, you will need to pass the Life in the UK test before you apply for ILR.

[Dcb1982]

Thank you so much Anniecc you have been really helpful. Especially as we just didn't know where to start as all of the information confused us.

Just had a look at the SET(O) form - looks very complicated!!! Will familiarise myself with it so that I can begin gathering the evidence I need.

Thanks again