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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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I have been married to a british citizen for three years and

Customer Question

I have been married to a british citizen for three years and I would like advice on how to obtain indefinite leave to remain and citizenship. I am currently on a discretionary leave to remain visa which is running out next week. I want to know whether I should apply for a spouse visa, or if it is possible to apply for indefinite leave to remain. I have summarised my immigration in the attachment.


 


I have been here since 2014 but with two breaks in my stay of several months. I would like to submit the paperwork myself as solicitors generally seem to charge around £1000 for this service. I simply wish to have advice on what I should do and then I will submit the necessary applications.


 


Immigration history:


 


1981-1983 Born in Zimbabwe – Zimbabwean Citizen


1983-1985 Dependant of holder of USA study visa Lived in USA (Father on a student visa)


1985-1990 Dependant of UK work permit holder Lived in the UK with parents (Nurse and Accountant)


1990-2000 Zimbabwean Citizen Lived in Zimbabwe August 2000 UK student visa Enrolled on a 3 year degree course at Keele University and granted a 1 year Student Visa


 


August 2001 UK student visa Renewed student visa – renewed for one year while Previous visa still valid


 


August 2002 UK student visa Renewed student visa – renewed for one year to Nov 2003 while Previous visa still valid


 


Nov 2003- 2004 UK student visa Business course in London Previous visa still valid


 


March 2004 – February 2005 Limited leave to remain - A relative was disabled in a work accident and I was granted leave to be able to care for her. Previous visa still valid


 


April 2005 – October 2005 Limited leave to remain A relative was disabled in a work accident and I was granted leave to be able to care for her. Previous visa still valid


 


April 2006- Jan 2007 SET O A relative was disabled in a work accident and I was granted leave to be able to care for her. Previous visa still valid


 


Feb 2007- Feb 2009 Working holiday makers visa Working holiday makers visa Applied for in the Netherlands Previous visa still valid Feb 2009 Indefinite leave to remain applied for Gaskins solicitors took payment for my visa application and the home office fee of £800. They sent me regular updates about the progress of my application but they had not in fact submitted my passport and stole the application fee money. This firm has been shut down. As a result there is now a gap in my stay Previous visa was still valid when I applied.


 


March 2011 SET O Three years discretionary leave to remain ending March 2014 PREVIOUS VISA EXPIRED


 


23.07.11 - Married UK citizen – British passport holder Valid visa


 


14.03.14 Advice sought Discretionary leave expires – advice needed as to what type of visa to apply for Valid visa


 


Other relevant information


My husband is a UK citizen by birth.


 


I am working as an administrator. My annual salary before tax is £28000. My husband is also an administrator in London with an annual salary of over £30,000.


 


My daughter -I have a daughter born in 2004 from a previous relationship and she lives with my husband and myself. She is a Zimbabwean citizen and she has discretionary leave to remain. She was not able to get a Zimbabwean passport until 2009 and I applied for a visa for her with my renewal in 2011.


 


Mistake on immigration record – In 2005 I wrote to my MP Clare Short to intervene on my behalf as my visa was taking a very long time to process and I could not work in the mean time as I did not have a passport. My immigration record then appears to show that there is an asylum application on my record. I have never applied for asylum and I wrote to the home office to ask them to correct the record as I had never applied for asylum.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

From what you have written, I would advise that you apply for an extension of your discretionary leave to remain using form FLR(O) for another 3 years.

After you have 6 years on discretionary leave, you will be eligible to apply for ILR on SET(O) form and as soon as you receive ILR, you will be eligible to apply for naturalisation as a British Citizen under S. 6(2) of the British Nationality Act on the basis of marriage to a British Citizen.

As your lawful residence was broken by the negligence of Gaskins Solicitors, I am afraid you do not qualify under the 10 years long residence rule and if you switch to a spouse visa route now, you will have to wait for 5 years after which you will be eligible for ILR, instead of 3 years on the discretionary leave route.

Hope this helps
Expert:  UKSolicitorJA replied 2 years ago.
.

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