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Skilled Worker Visa

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Hi, I’m on a skilled worker visa for 3 years now, got married to a British citizen; can I apply for ILR now?

Hi, I’m on a skilled worker visa for 3 years now, got married to a British citizen; can I apply for ILR now?

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Sachin Sawant
Sachin Sawant
5 days ago

Hello! It's great to hear that you're married to a British citizen. However, the rules for Indefinite Leave to Remain (ILR) can be quite specific depending on your immigration history.


While you've been on a Skilled Worker visa for three years, marrying a British citizen doesn't automatically make you eligible for ILR at that point.


Here's how it generally works:


* **Skilled Worker Visa Route to ILR:** If you stay on the Skilled Worker visa route, you typically need to complete 5 continuous years on this visa (or a combination of certain other work visas like Global Talent, Innovator Founder, etc.) to be eligible for ILR. Your 3 years on the Skilled Worker visa would count towards this.

* **Spouse Visa Route to ILR:** If you switch from a Skilled Worker visa to a Spouse visa (also known as a Partner visa), you would typically need to complete 5 continuous years on the Spouse visa route to be eligible for ILR. The important point here is that **time spent on a Skilled Worker visa generally does NOT count towards the 5-year period required for ILR on the Spouse visa route if you switch categories.** This means if you switch now, your "ILR clock" would essentially reset, and you'd need to accrue another 5 years on the Spouse visa.


Therefore, you cannot apply for ILR just yet based on being married for three years while on a Skilled Worker visa. You would either need to:


1. **Complete 5 years on your Skilled Worker visa (if you continue on that route) and meet all other Skilled Worker ILR requirements.**

2. **Switch to a Spouse visa and then complete 5 years on that visa.**


**Key considerations for a Spouse Visa application if you choose to switch:**


* **Genuine and Subsisting Relationship:** You'll need to provide significant evidence that your marriage is genuine and ongoing.

* **Financial Requirement:** As of applications made on or after April 11, 2024, you and your British spouse typically need a combined gross income of at least £29,000 per year, or equivalent cash savings.

* **Accommodation:** You must have adequate accommodation without recourse to public funds.

* **English Language and Life in the UK Test:** You will need to pass the Life in the UK test and meet the English language requirement (usually CEFR B1 level or higher for ILR).


It's crucial to carefully consider your options. Switching to a Spouse visa might offer more flexibility in terms of employment (as it doesn't tie you to a specific sponsored employer like the Skilled Worker visa does), but it would likely delay your ILR eligibility compared to remaining on your Skilled Worker visa if you are close to completing 5 years on that route.


General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice.

For detailed advice, Work with Me:

Solve Your UK Visa Problems! Ask Your Questions & Build Your UK Visa Strategy! [https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call](https://www.visa-solutions.co.uk/service-page/consultation-via-video-audio-call) As a registered Immigration Lawyer with the IAA at Level 3 - Advocacy & Appeals, I can provide expert guidance and legal representation for all types of UK Visa Applications(including EU Settlement Scheme) and British Citizenship Applications.

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