confused between indefinate leave to remain and citizenship

[sarah123]

how does my husband aPply for indefinate leave..

he has been here since jan 2007, we got married in aug 2009, im a brit citizen, does he have to be here for 2 years AFTER MARRIAGE or 2 years plus marriage during anytime SINCE HES BEEN HERE counts?

he just finished his temp job with a retail store and is curently unemployed and has been out the country for more than 90 days in the p[ast year...

also if he does apply for indefinate leave, i understand the fee is now £750, if it is, will he have to pay the naturlisation fee seperatly? thats also a similar amount....

the home office webstie abit confusing..please help thanks

[gidoc]

First step is ILR, which a spouse can apply after you live together for 2 yrs, once you have ILR, you can apply after 1 yr for naturalisation or citizenship.. You have to pay separate fees each time, details are on the website of UKBA.
Best regards

[dimsav]

sarah123, please provide what is the current type of your husband's visa (as eligibility criteria are different for different categories).

[sarah123]

hes on a post study work scheme visa..resident permit
does he have to apply 2 years after marraige...or can he apply now, hes been here 3 years but we only been married 8 months....

thanks

[sarah123]

sorry , what do you mean by `live together for 2 years` we have been living together, since he came here in 2007, but we only got married in aug 2009....

thanks

also his visa runs out nov this year...

[dimsav]

sorry , what do you mean by `live together for 2 years` we have been living together, since he came here in 2007, but we only got married in aug 2009....

I am afraid that this may not be counted by UKBA. What matters is whether he has had the visa status of a spouse of the settled person for 2 years, or not... Sorry, but I think that there is no way for you husband to get ILR now. In my view, the best you can do is to switch him into the category of husband asap, see here. After 2 years in this category, he may apply to settlement. (I don't know if it will be possible to apply earlier, taking into account that you are married 8 months already...)

[Wanderer]

hes on a post study work scheme visa..resident permit
does he have to apply 2 years after marraige...or can he apply now, hes been here 3 years but we only been married 8 months....

thanks

Forst apply to switch to spouse visa immediately, that one costs £485, then in two years apply for ILR, £820, then immediately he can apply for citizenship, £700 or so.

BUt, the whole thing will be different then, new rules and more money :(

[sarah123]

where can i get someone to check for us..local council?

[Wanderer]

where can i get someone to check for us..local council?

Check what?

[sarah123]

as in, how do we know what to apply for, is there any way of asking or going to see someone at the home office, who may tell us for SURE that this is what we need to do now...

thanksss

[senthil78]

as in, how do we know what to apply for, is there any way of asking or going to see someone at the home office, who may tell us for SURE that this is what we need to do now...

thanksss

You are well advised by the forum members. If you want contact HO, Refer http://www.ukba.homeoffice.gov.uk/conta ... ctcentres/

You will find all the contact information.

[dimsav]

as in, how do we know what to apply for, is there any way of asking or going to see someone at the home office, who may tell us for SURE that this is what we need to do now...

You have been told above precisely what to do - apply to switch your husband to spouse visa immediately.
Call HO if you still have doubts. You may also go and pay an immigration advisor/lawyer - just doubt that advice will any different from the one given already.

[sarah123]

thankyou for all advice, i shall definatly look into it.

i was wondering though, he can get indefinate leave to remain anyway after a further 2 years without the need to apply as spouse..because even if he becomes a `spouse`, he will still need to wait 2 years anyway before applying for ILR, so either way the 2 year wait is the same, so why pay 460 or so pounds for spouse visa when he can get stay another 2 years on a different visa..

now the problem here is, if he wasnt a spouse, what would be the next most obvious step for him, his visa runs out in november, on a post studY work shceme visa, so what next? and how much?

and im hoping im making sense here.....?

THANKSSSS XXX

[Wanderer]

thankyou for all advice, i shall definatly look into it.

i was wondering though, he can get indefinate leave to remain anyway after a further 2 years without the need to apply as spouse..because even if he becomes a `spouse`, he will still need to wait 2 years anyway before applying for ILR, so either way the 2 year wait is the same, so why pay 460 or so pounds for spouse visa when he can get stay another 2 years on a different visa..

now the problem here is, if he wasnt a spouse, what would be the next most obvious step for him, his visa runs out in november, on a post studY work shceme visa, so what next? and how much?

and im hoping im making sense here.....?

THANKSSSS XXX

No he can't - needs to have either 10 years on student/other visas, two years on spouse visa or five years on work (but not PSW) visas for eligibility for ILR.

Those are the rules I'm afraid, there is no bending of them.

If he wasn't a spouse he'd have to find some other way to remain legally, logically for him would be a Tier 1 or 2 work visa, if he qualifies.

[sarah123]

ok thankyou.

so i think the best route would be spouse visa as you said, im looking on the home office website, it doesnt say when we can apply for the spouse visa, most of the time they say not to apply more than 28 days or so before current visa ends,there is no requirement for when to apply for spouse visa listed.

also there is also a requirement for id card for foreign nationals, this is also listed as a must...do we need this too, and how much do these cost now...

seems like they want payments for everything, and everything is costing the roof :[

[sarah123]

will the 7 months we have alreayd been married count as part of the 2 years then...or will the spouse visa count from the day we apply or get the visa....??

[dimsav]

will the 7 months we have alreayd been married count as part of the 2 years then...or will the spouse visa count from the day we apply or get the visa....??

From the day the spouse visa will be issued.

[sarah123]

will the fact that neither of us have ajob at the moment effect the application, im 5 months expecting, and his contract where he worked ended ist april, so we are currently looking for a job for him and i am on benefits...he is not claiming anything in his name as stated on his visa no recourse to public funds..

thankyou

[Wanderer]

will the fact that neither of us have ajob at the moment effect the application, im 5 months expecting, and his contract where he worked ended ist april, so we are currently looking for a job for him and i am on benefits...he is not claiming anything in his name as stated on his visa no recourse to public funds..

thankyou

Yes it will, you'll need to prove you have suitable accommodation and that you have roughly £105 per week left, (£160 a week when there are three of you) as disposable income after rent and power etc....

As you can only claim benefits for you and your child it's not possible to support and extra person on that, it's not set at that level, so a spouse visa would almost certainly be refused.

[sarah123]

so the best advice would be then to apply for spouse visa once he secures a full time JOB?

thankyou

although we are currently living with my pparents..so no rent/bills...

[mrlookforward]

Its not the best advice, its the only advice you will get on the issue.