Visa questions if moving w/British spouse

Old Nov 22nd 2023, 9:57 pm
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Question Visa questions if moving w/British spouse

My wife and I are looking to move to the UK with our children sometime around either the middle or end of next year and I was wondering if I've got the visa process that I'd need to follow correct.
Any help or commentary is greatly appreciated.

She's English by birth, but hasn't lived in the UK since she was ~9 (and maintains a valid passport), the children all have their UK citizenship (and valid passports), so it's just myself that would need a visa. We currently live in New Zealand (although I was born in Canada).

My understanding of what I'd need to do is thus:
- Initially apply for a family visa via - Family Visa: Apply as a partner or spouse (www.gov.uk/uk-family-visa/partner-spouse);
- then after 2 years and 9 months apply to extend, which gives another 2 years and 6 months;
- then after that period apply for ILR via Indefinite leave to remain if you have family in the UK (http://www.gov.uk/indefinite-leave-t...-family-visa);
- then apply for citizenship via Apply for citizenship if you have indefinite leave to remain or 'settled status' (http://www.gov.uk/apply-citizenship-...eave-to-remain).
My understanding here is that the 12 month cooldown post receiving the ILR does not apply; also this (www.gov.uk/british-citizenship) page mentions being able to apply after living in the UK for 3 years, however ILR is still required, so not really a valid option.

Is there another pathway that I've missed on the gov.uk site? We've been married for 14 years at this point, it's just that a lot of the forms reference "settled", which we're obviously not at this stage, but then sometimes will use this as a catch-all for people who are British, have ILR, etc.

Many thanks for any advice.
Apologies for inline links as it's my first post.

Last edited by UsernameGoesHere; Nov 22nd 2023 at 10:18 pm. Reason: Added thoughts about alternate pathway
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Old Nov 22nd 2023, 10:29 pm
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Default Re: Visa questions if moving w/British spouse

Correct: you get an initial visa for 2.5 years, then extend for another 2.5 years. After the 5 years you can apply for Indefinite Leave to remain (you don't have to wait for another year)
Then you apply for citizenship.
You need to show you fulfill the financial requirements, accommodation and genuine relationship.

If you have British Ancestry you might be eligible for the Ancestry Visa
https://www.gov.uk/ancestry-visa
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Old Nov 22nd 2023, 10:32 pm
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Default Re: Visa questions if moving w/British spouse

Many thanks.

I'd looked into the Ancestry Visa - but none of my grandparents were born in the UK.
Working through the requirements, and how best to provide documentation, seems like the next task to work at then.
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Old Nov 29th 2023, 12:02 pm
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Default Re: Visa questions if moving w/British spouse

You are correct but I would like to the point out that the 3 years residence is when applying for British Citizenship.

After you have lived in the UK for 5 years on a spouse visa, you can then apply for ILR. Once your obtain your ILR, you can immediately apply for British citizenship. You do not have to wait 12 months. That requirement does not apply to spouses of British citizens.

When applying for British citizenship, you need to show that you have lived in the UK for at least a period of 3 years before the citizenship application.

Indefinite Leave to Remain (ILR) and Settled are same thing used interchangeably. It means one can live in the UK permanently.

Last edited by Akias1; Nov 29th 2023 at 12:05 pm.
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