Which visa should I apply for to stay in the UK?

Hi to all: I moved to the UK from San Francisco 4.5 years ago on a 5-year work permit, and am still at that job, having been made 'permanent' 2.5 years ago. I married a British citizen last year and have been looking at the various options for staying in the UK, but haven't been able to decide which is the best route to take: ILR or spousal visa?

I want to eventually apply for dual citizenship...

Many thanks in advance
Mrs Ondine Barry

If you switch to a spousal visa now you won't be eligible for ILR for another two years.  If you stay on the work permit, it is six months, and you can apply for citizenship as soon as ILR is granted.

Vicky

Hi Vicky

Many thanks for your email. Just to clarify: I should apply now for ILR while I still have 6 months on my work permit, or I should extend my work permit for 6 months and apply for ILR at that time...? I'm thinking it must be the former, but I thought I should double check.

Kind regards
Ondine

You can't apply for ILR until 28 days before you qualify, and you qualify 5 years after entering the UK.


Vicky

Ah. Thanks for that. Would I need therefore to extend my work permit or can I apply for ILR the month before the permit expires (in August, so July) and hope I get accepted?

Thanks again for your time
Ondine

Apply in July.

Vicky

Final question: For ILR, do I fill out the SET(M) form since I am now a spouse, or do I have to fill out the SET(O) since I'm here on a work permit?

Ondine

SET (O).


Vicky

Thanks very much for your advice. It's a bit confusing searching 'round the internet for information, and it's helped a great deal to get such clear advice so quickly.

Cheers
Ondine

If you stay on the work permit, it is six months, and you can apply for citizenship as soon as ILR is granted.

Wait - what? I thought you had to be in the UK for one full year on ILR before you could apply to citizenship on a work permit? 5 years -> ILR, 1 more year -> citizenship

 

Wait - what? I thought you had to be in the UK for one full year on ILR before you could apply to citizenship on a work permit? 5 years -> ILR, 1 more year -> citizenship

 

She can apply sooner because she's married to a UK citizen.

She can apply sooner because she's married to a UK citizen.

ahhh, so you can mix methods like that? thanks. My brain is turning to mush trying to calculate the different start dates and ILR dates and citizenship eligibility going on there!