Path to Citizenship
The client, a foreign national, is residing in Western Australia on a skilled worker visa valid until 2025. They were married to a local citizen in 2024. The client, individual's name changed, was born in 1989, and their previous marriage was dissolved. The client is currently employed as a support worker. Their objective is to understand the process for obtaining citizenship following their recent marriage.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the eligibility requirements for switching from a Skilled Worker Visa to a Spouse Visa?
To switch from a Skilled Worker Visa to a Spouse Visa, you must satisfy several criteria:
-
Relationship Requirement: Provide evidence your relationship is genuine and subsisting, with valid marriage documentation.
-
Financial Requirement: Your spouse must meet a financial threshold, typically an annual income of at least £18,600.
-
Accommodation Requirement: Ensure adequate accommodation exists in the UK for you and your spouse.
-
English Language Requirement: Demonstrate English proficiency, usually by passing an approved test.
-
Immigration Status: You must not be in breach of immigration laws aside from minor overstay situations.
More detailed information can be found on the government website.
How does being married to a citizen affect my application for Indefinite Leave to Remain and subsequently citizenship?
Being married to a citizen can facilitate your application for Indefinite Leave to Remain (ILR) and citizenship. After switching to a Spouse Visa, you could be eligible for ILR after 5 years of continuous residence in the UK, compared to the 6 years for other visa categories. Furthermore, you may apply for citizenship after holding ILR for 12 months, provided you meet residency and good character requirements. Your marriage certificate indicates the marriage date, relevant for residency calculations.
Are there any specific residency or financial requirements I must meet before applying for citizenship?
To apply for citizenship, you must meet residency and financial requirements. You need to have lived in the UK for at least 3 years as a spouse of a citizen before applying. During this time, you should not have been outside the UK for more than 270 days, with no more than 90 days in the last year. Financially, ensure no serious debt issues exist, and avoid reliance on public funds.
What is the process for applying for citizenship and how long does it typically take?
To apply for citizenship through marriage, you must have Indefinite Leave to Remain and have resided in the UK for at least three years. After holding ILR for at least one year, you can apply for naturalisation, assuming you meet residency requirements and have passed required tests. The application process typically takes around six months.
Will my current visa status affect my ability to travel in and out of the UK while my citizenship application is being processed?
Your current Skilled Worker Visa allows travel in and out of the UK, but it must remain valid for re-entry. If your visa expires while your application is pending, you risk being unable to return. Consider applying for a Spouse Visa, which may facilitate continued residency and travel.
