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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Team, This is an immigration question. I am an overseas

Customer Question

Hi team,
This is an immigration question. I am an overseas citizen living and working in the UK since 2007 and holding a company sponsored Tier 2 visa since 2011. I am getting married next month and I wonder if it is mandatory or optional to switch my Visa for spouse Visa or something like that. If I switch my current visa what happen with the time I have got for applying for ILR after 5 years. Is the time to reset and I would need another 5 years?
Thank you.
Nayit Pardo
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It is not mandatory for you to switch to a spouse visa just because you have married a UK citizen or foreign national holding ILR in the UK, it is your decision.
If you already have time built up in your tier 2 general visa then you should NOT switch to a spouse visa. If you switched to a spouse visa because your time spent on your tier 2 general visa would be lost for ILR purposes, which would mean that you would have to spend a further 5 years on your spouse visa (renewing it once) before you can apply for ILR.
If you are on a tier 2 general visa then you should wait until you reach 5 years on it and then apply for ILR.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

thanks for your answer Tom.

How many questions can I ask?

Expert:  Thomas replied 1 year ago.
If it is related to this particular issue then just ask by replying to this and I will see if I can assist.
Customer: replied 1 year ago.

Yes, it is related to, Tom.

As I have been living in the UK since 2007 I wonder: If I switch to a spouse visa, could I eventually apply for citizenship? If so, when could I apply or what do I need to be eligible to? Thanks a lot in advance.

I just want to clarify my visa status

I entered to the UK as student in 2007.

When I finish my master course I got the Post-student Working Visa in 2010.

Then I switched to Tier 2 in the end of 2011 until present.

Expert:  Thomas replied 1 year ago.
Hi
Thanks. I have a meeting now but should be able to answer in 40 mins
Tom
Expert:  Thomas replied 1 year ago.
Hi
Sorry, just one more question.
Are you getting married to a UK citizen?
Tom
Customer: replied 1 year ago.

I am getting married to EU citizen, more exactly from Poland.

Expert:  Thomas replied 1 year ago.
Okay.
You can only apply to naturalise as a uk citizen and then apply for a UK passport if you meet the criteria on the following page:
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
This means that you must first obtain ILR once you are eligible under your current tier 2 general visa. Once you have this you must wait a further 12 months and then can apply for naturalisation provided that you meet the requirements on the above link.
Once you have received your certificate of naturalisaion you can apply for a UK passport.
Tom
Customer: replied 1 year ago.

Thank you Tom.

Expert:  Thomas replied 1 year ago.
You're welcome.

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