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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I just wanted to confirm when I will be eliglible to

Resolved Question:

Hi

I just wanted to confirm when I will be eliglible to apply for Indefinitive Leave To Remain.I have been in the UK as a student since September 2004.Then moved onto a Post Study Work Visa in 2011.Currently I am on a spouse/partner visa to a UK citizen that started in Mid 2013 but expires in Dec 2015.Would I able to apply for the leave to remain once my current visa is about to expire or can I do this before then.I am aware the PSW visa doesnt count towards the leave to remain citieria.

I eargerly await your reponse

Regards

Habib
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Habib,

It would appear that you are eligible for ILR under the 10 years long residency rules 28 days before you first entered the UK as a student in September 2004 and assuming that you have lived in the UK ever since and not spent 180 days or more out of the UK on any one occassion and not spent a total of more than 540 days out of the UK over the 10 years period.

You will need to apply on form SET(LR), See here: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset%28LR%29/

As soon as you receive ILR, you may apply immediately for naturalisation as a British Citizen on the basis of being a spouse of a British Citizen, see here:http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

All the best



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