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US Citizen Marrying UK Citizen - Has Been in UK for 5 Years Legally

3K views 1 reply 2 participants last post by  Joppa 
#1 ·
Hi everyone -

Right, I've had a good look through all of the previous posts and I can't find one that pertains to my situation so here goes a new post. My situation is as follows:

Me -
US Citizen
Came to UK 1 Aug 2006 on UK Entry Clearance for a student (valid for 3 years) This was prior to the tiered points system coming in to use
Was given a Tier-1 post-study residence permit at the end of my degree course valid for 2 years

Fiance-
British citizen
british passport

My Fiance and I are getting married on the 30th of July here in the UK in a Church of England service. My questions are the following:

1 - Since I will have been in the UK, legally, for more than 5 years when I apply for my next step, can I apply directly for citizenship or do I have to go onto indefinite leave to remain? Obviously going straight to citizenship would be ideal seeing that I'll have been here for more than 5 years and would like to avoid paying £900 for simply another visa.

2 - Since this is a service in the church of england, there is no documention required from the home office

3 - When we go on our honeymoon directly after the wedding and I come back into the country on my Tier-1 Residents permit, can I say that I just got married or will this cause me problems with UKBA?

Thanks in advance for any help you can all give

Drew
 
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#2 · (Edited)
Hi everyone -

Right, I've had a good look through all of the previous posts and I can't find one that pertains to my situation so here goes a new post. My situation is as follows:

Me -
US Citizen
Came to UK 1 Aug 2006 on UK Entry Clearance for a student (valid for 3 years) This was prior to the tiered points system coming in to use
Was given a Tier-1 post-study residence permit at the end of my degree course valid for 2 years

Fiance-
British citizen
british passport

My Fiance and I are getting married on the 30th of July here in the UK in a Church of England service. My questions are the following:

1 - Since I will have been in the UK, legally, for more than 5 years when I apply for my next step, can I apply directly for citizenship or do I have to go onto indefinite leave to remain? Obviously going straight to citizenship would be ideal seeing that I'll have been here for more than 5 years and would like to avoid paying £900 for simply another visa.
You need to have been granted ILR first before applying for citizenship. Problem for you is that although you've lived in UK for 5 years, the time you've spent under your visa categories - Tier 4 Adult Student and Tier 1 Post-study Work - does not count towards settlement. See UK Border Agency | How to apply for settlement in the UK. Otherwise any overseas student after their degree could get PSW visa and then apply for settlement.
So you will have to get married first while your Tier 1 PSW visa is still valid, as you are doing, and then apply for FLR as spouse of a British citizen (£550 or £850 for same-day premium service) valid 27 months, and after 2 years apply for ILR (£972 or £1350, plus Life in the UK test). To apply for naturalisation as spouse of a British citizen, the residential requirement is three years, and the period spent under PSW visa will count for naturalisation, so you can apply as soon as your ILR is through. I suggest you apply for FLR soon after marriage, so that you will earn your residential qualification for settlement sooner.

2 - Since this is a service in the church of england, there is no documention required from the home office?
That's right. Keep a written confirmation of your church wedding booking just in case. Ask the clergy.

3 - When we go on our honeymoon directly after the wedding and I come back into the country on my Tier-1 Residents permit, can I say that I just got married or will this cause me problems with UKBA?
No, but your stay is regulated under your PSW visa and not on your married status. As I have said, since your current visa doesn't count towards residential qualification for settlement, it's in your interest to get FLR as spouse on Form FLR(M) as soon as possible. If you use premium service, you get your new visa within a few days. If you decide to apply for FLR after your honeymoon and they ask you about your marriage, just say you intend to apply for FLR at the first opportunity.
 
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