Advise on visa renewal/neutralization

[amrhady]

Hi everyone,

apologies if this has been discussed before but I couldn't find a clear answer on the forum.

I have been living in the UK for 4 years on Tier1 (General). I am planning to marry my British girlfriend within two/three month - around March 2015. I also need to renew my Tier1 before April 2015.

If we get married, can I apply for settlement/neutralization right away? In that case I wouldn't need to renew my Tier1?

I am just not sure the best way to proceed, whether to renew my Tier1 or possibly apply for neutralization/settlements (if applicable) hopefully after marriage.

thanks and appreciate your help.

[secret.simon]

To help us provide you with a considered response, please tell us:

When did you get the initial Tier 1 visa?

When did you come into the UK?

To the best of my knowledge, you will need to be settled in the UK, i.e. get ILR, before getting naturalised. The main difference is that if you are married to a British citizen, you can apply for naturalisation immediately after getting ILR.

I would therefore presume that you need to extend your Tier 1 before April 2015, get your ILR in 2016 and then immediately apply for citizenship (assuming that the rules have not changed by then).

Alternatively, you can switch over to a spouse visa, but that will reset your five year wait for ILR.

[amrhady]

Thanks Simon.

I was initially granted Tier1 on 16 October, 2010. My first day in the UK was the 21st of January, 2011.

Based on what you said, I presume that I would need to extend my Tier1 before April 2015, and then I would need to apply for ILR a year later, followed by neutralization as long as I am married.

Is this correct? Do you think there's any other way to shorten this process or make it simpler?

[CR001]

You can apply for ILR 28 days before 21st January 2016 and then once granted, immediately apply for citizenship as spouse of British Citizen.

There is no easier or short cut route.

If you switch to FLR(M) as spouse of British person, you will have to start your ILR clock from zero and wait another 5 years for ILR.