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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Thank you .We have been married from October 2012

Customer Question

Thank you for this.We have been married from October 2012 but the visa application started in 2013. The first visa as the spouse of a British citizen was granted to me in July 2013.
Therefore I have legally been married for over 3 years but the visa itself only granted on 25 July 2013 with expiry date of 16 April 2016.
Should I still apply for the 2nd extension of the initial visa or is there a possibility that I could apply for indefinite settlement?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. So long as you were lawfully resident in the UK between October 2012 and July 2013, you can today apply for UK citizenship based on your three years marriage to your UK citizen husband. Citizenship automatically includes Indefinite Leave to Remain. BEing lawfully resident simply means that you were living in the UK on a visa which allowed you to live and work in the UK during this period. As three years have elapsed since October, 2012, you have fulfilled the requirements of three years marriage living in the UK to a UK Citizen. It makes no difference that your visa based on your marriage didn't start until July 2013.
Expert:  Buachaill replied 1 year ago.
2. The key requirement is three years marriage living lawfully in the UK. Your visa does not have to be based on the marriage for all this three year period. It can be based on some other grounds (not student) provided it gave you the right to live and work in the UK.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. I was previously married to an EU citizen and our divorce was made absolute in July 2012.
I don't know if the visa on my passport for that first marriage would cover me for the period of October 2012 to July 2013 as I was already divorced from my first husband but the actual visa for the first marriage was only cancelled when I sent the new spouse visa for my British husband which was then cancelled and the new one granted in July 2013.
I think I still need to wait for the 6 months to apply for citizenship based on your answers.
Expert:  Buachaill replied 1 year ago.
3. The issue of living in the UK on a visa whose basis has expired is a grey area in Immigration & Citizenship law. However, to be certain, you are better wait the six months.
Customer: replied 1 year ago.
Do you guys review the form as Well if we pay the monthly subscription?
Expert:  Buachaill replied 1 year ago.
4. No, you will have to ask an additional question if you want something done. This is more a a Question and Answer forum. It is not really a document review site. The format does not suit that.
Customer: replied 1 year ago.
Thank you.
the reason why I asked is because there is an "add files" option when you are writing a reply to the question.
Do I pay more for another question and add the file in order to be reviewed or how would it work please?
Expert:  Buachaill replied 1 year ago.
5. Yes, you can use the "Add files" option to add any file you wish to the Question. So in essence, you would ask the query and add the file to get your answer.