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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 ,my wife is Polish British and we been married for 4 years

Resolved Question:

Hi ,my wife is Polish British and we been married for 4 years now.when we applied she had a polish passport only and I got 5 years residence from home office .now as she has a British passport for almost 2 years can I apply for ILR ?
many thanks
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You will not be eligible for indefinite leave to remain if you apply now.

After 5 years in the UK on your residence card, you will become a permanent resident automatically and you will be eligible to apply for British Citizenship immediately you become a permanent resident.

My advise would be for you to apply for British Citizenship just before your residence card expires next year. Your application will be under S. 6(2) of the British Nationality Act 1981 on the basis of you being a spouse of a British citizen and having permanent residency at the time you apply.

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