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22 Sept 2014

Indefinite Leave to remain in the UK (ILR)

Now that Natasha is in the UK, it is time to start planning for the time when her two and a half years visa will expire. About 28 days before the visa expires, we will have to make another application from within the UK for an extension. There are many different application types and choosing the right one is important. One type of visa that some of my friends have applied for whilst in the UK on a spouse visa, is the “Indefinite Leave to Remain (ILR)” also knows as “settlement visa”. Obtaining a visa like that means that you are allowed to settle in the UK and are no longer subject to immigration control.
Up until the 9th July 2012, you could apply for ILR at the end of your spouse visa term, which is typically two and a half years. Recently however, the rules have changed. The new rules state that if you applied for your spouse visa after the 9th July 2012, you cannot apply for ILR at the end of the visa term. Instead, you would have to extend your spouse visa for a further two and a half years. Then at the end of the second two and a half term you would be eligible to apply for ILR. More info here: https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-of-a-british-citizen/yes/some-other-way/on-a-work-visa/tier-1
The spouse visa extension application would have to go through all the thorough checks again, but more about that in my next post. For now we will concentrate on the Indefinite Leave to Remain visa. The link above lists some requirements, e.g. Life in the UK Test, English Language Test, Proof of Finances, Criminal Record, etc. It is important to fill in the application properly because the fees are extortionate (£1,093.00 per person, at the time of writing this post). Some of my friends that went through this type of application had solicitors help them. Personally I always do it myself, but I would not advice anyone that they do it themselves unless they are sure of what they are doing.
Best thing is to prepare well. And that means that from the very first day that you have started your life with your spouse in the UK, you must start saving all proof of your relationship. When you will come to apply for your ILR or your extension, you will have to prove that the relationship is still alive. That means photos, phone bills, postal correspondence, joint bank accounts, joint utility bills, joint tenancy agreements, etc. You will have to have something for almost every month that you have been together. That is why it is important to start early the preparation process. You do not want to leave it until the last minute and then try to pass the Life in the UK Test and all the other requirements. Start early and be as proactive about it as possible.
Once you have the Indefinite Leave to Remain in the UK visa, you can of course apply for British citizenship, but please be aware that you may have to revoke your existent one if your native country does not permit dual citizenship. All the information is on the www.gov.uk website. Dig it out well in advance and take your time with it. Gather paperwork starting now.
The next post will be about the extension of your spouse visa.
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