ILR after 5 years marriage question

Dear All,

I was just curious to know, If you were married to a British Citizen for over 5 years overseas and after 5 years the couple decided to move to the UK would they get an ILR automatically? or they still should do Spouse visa then FLR then ILR.

Prior to 2012 after 2 years of marriage the applicant will get ILR immediately. Like in the US If you are married over 2 years then you will be granted a 10 years unconditional green card. Is it the same for the UK or not?

Thanks,

The length of the marriage doesn’t matter at all any more. One week or 20 years, it’s all the same, 5 years to ILR.

@larrabee Thanks for your instant response also if you are over 33 months marriage would you get the spouse visa 5 years or still 2.5 years. I know for spouses of EU nationals they get it 5 years not even 2.5 years?

Thanks,

It’s 2 x 2.5 years for everyone irespective of the length of the marriage. With the exception of armed forces applicants.
The EU rules don’t directly compare.

You have to live INSIDE the UK for a full 5 years on a qualifying visa in order to qualify for ILR. It doesn't matter how long you have been married for outside the UK, the 5-year clock to ILR does not start until you move to the UK on a spousal visa.

If you are the spouse of a UK citizen, your path to ILR is:

- 2.5 years on a UK spousal visa
- 2.5 years on a FLR(M) spousal visa extension
- ILR application after 5 years in the UK on the 2 spousal visas


If you are the spouse of an EEA citizen, you don't get ILR, you get Permanent Residence (PR):
- 6 months on EEA Family Permit
- 5 years on EEA Residence Card
- automatic PR after 5 years

Just to note though, that it USED to be possible to get ILR immediately upon moving to the UK, if you had been married and living together for at least 4 years outside the UK before applying.

However, this option was abolished in July 2012 when the new immigration rules came in.

Before July 2012:
A couple married and living together outside the UK for at least 4 years could apply for either:
- A spousal visa with 'KOL Req'd' stamp, which was regular 27-month spousal visa that could be converted to ILR immediately upon passing the Life in the UK (KOL) test instead of waiting until they'd lived in the UK for 2 years before applying for ILR
OR
- If they had already passed the Life in the UK (KOL) test (which could be taken as a visitor back then) they could apply directly for ILE (Indefinite Leave to Enter) from outside the UK

Since July 2012:
Almost all couples must apply for a regular 33-month spousal visa and live in the UK for 5 years before they can qualify for ILR

@ksand24  Thank you very much for the informative message.
I appreciate , It seems like the spouse of EEA getting more benefits than the spouse of a Brit .
Its all tough unfair laws. Unlike the US the laws has been there for decades never changed in terms of marriage. No need for English  , Evidence of Accommodation or anything. Even if you don't meed the 125% poverty line you can get anyone with 3 years IRS to sign the I-864 form for you and you are good to go.

It is well known that it is infinitely easier and cheaper for an EU national to bring a partner or spouse to the UK, versus a UK citizen bringing a non-EU partner or spouse.

You don't even want to see the cost difference between the two!

It is well known that it is infinitely easier and cheaper for an EU national to bring a partner or spouse to the UK, versus a UK citizen bringing a non-EU partner or spouse.

You don't even want to see the cost difference between the two!

The benefit to being under U.K. rules though is at least we know pretty much where we stand. I’d honestly rather be paying all that money than be as up in the air as it is for EU’s right now.

The benefit to being under U.K. rules though is at least we know pretty much where we stand. I’d honestly rather be paying all that money than be as up in the air as it is for EU’s right now.

I've been feeling that way since the referendum last year!  I'd been here for three years by then, and I knew what my path was, and felt secure.  I would've panicked if I had invested all that money and three years into doing what I thought was the right thing, only to be plunged into uncertainty.  :/

The benefit to being under U.K. rules though is at least we know pretty much where we stand. I’d honestly rather be paying all that money than be as up in the air as it is for EU’s right now.

I totally get that.  Though, truth be told, the shine on my brand new passport isn't as shiny as it would have been two years ago.  With Brexit, a UK passport won't unlock nearly the amount of doors an EU passport would have.  Oh well.  At least I can vote now.      I'll be able to cancel out all of my husband's votes.   

The benefit to being under U.K. rules though is at least we know pretty much where we stand. I’d honestly rather be paying all that money than be as up in the air as it is for EU’s right now.

It's staggering how many of those who entered under EEA rules are not lawfully in the UK.

Unlike a UK visa which has an end date and time to leave the UK even if the visa is curtailed, the EU doesn't have that rule as their EU card just becomes invalid. EEA citizens are then meant to leave that EEA country with all their family and look for work in another EEA country, or return to their own EEA country.

Though, truth be told, the shine on my brand new passport isn't as shiny as it would have been two years ago. 

You might need a new passport as that is an EU passport. It looks like the UK are returning to our Blue/Black passports.

You might need a new passport as that is an EU passport. It looks like the UK are returning to our Blue/Black passports.

Yup, I believe the blue passports are being issued as of October 2019.  So either I'll be one of the last to have to renew and switch, or I'll be forced to have it switched earlier.   

Yup, I believe the blue passports are being issued as of October 2019.

The British passports are more black than blue.