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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I am a British citizen. My partner came over from Peru

Resolved Question:

I am a British citizen. My partner came over from Peru to live with me here in the UK in September 2010 under a Student Visa. When she finished her degree, she began working, starting up her own company, on a post-graduate working visa. This expired in December 2013. She then continued to stay with me under a spouse/unmarried partner visa which is due to expire in June this year. We were hoping that since we have been living together for more than five years, that it would be possible for her to apply for an Indefinite Leave to Remain visa this year. Can you give me any advice about this matter?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, in counting the five years towards obtaining Indefinite Leave to REmain, any time spent as a student in the uK does not count towards the five years. However, the period spent on a post graduate working visa would count towards the five years. Accordingly, your partner will have to apply for another unmarried partner visa for another 2.5 years, before she reaches the necessary five year stay in the UK for ILR. Be aware that the quickest way to have obtained citizenship for her here would have been to have got married as she would have been entitled to citizenship after 3 years marriage to you. Now she will have to spend five years plus one more year on ILR and then she will qualify for UK citizenship.
Expert:  Buachaill replied 1 year ago.
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