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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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Hi, I am currently on PSW visa which is due to expire in May

Resolved Question:

Hi, I am currently on PSW visa which is due to expire in May 2013. I am getting married to my partner in June 2012, who himself is about to apply for his ILR in September 2012. I am not sure of whether my name should be added along in his application as a spouse. I am also not sure that I would qualify for ILR or I would be granted an initial stay of 27 mths and then ILR.
Also many friends are suggesting that after marriage I would have to send my passport to my embassy for adding my husband's name on it rather than my father's name otherwise UKBA wouldn't consider our marriage valid. Is it required? And if yes then how long would such a processing take?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.

Hi thanks for your question. If you wish to switch fom PW to dependant of your husban hen you can do that but you would then have to wait 2 years to apply for ILR which you will be able to do if your husband is settled here.

You do nto mention where you are proposing to get married but UKBA will expect to see a valid marriage certificate and evidence that it is a genuine relationship. Whether you change you name to your husbands is of no particluar relevance. Many women do not change their surname and there is no legal reason to do so.



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Customer: replied 4 years ago.
Thanks for the prompt response. We are planning to get married in UK itself as per the British Law(i.e. a registered marriage). Just wanted to clarify one point that since the main applicant (i.e. my partner) is qualifying for ILR and applying for it in Sept 2012 itself, does it mean his dependants qualify for the same or not? (dependants who are added in his main application).
Also if you can elucidate on the point where you said that after 2 yrs I can apply for ILR if my husband is settled here. Settled in which terms?
Expert:  Senior Partner replied 4 years ago.
Settled means that he has ILR. No the simple fact that your husband has ILR does not automatically qualify his dependents to get it. They also have to meet the necessary conditions and in the case of a spouse that means 2 years residence as a spouse. If he has child's who came with him at the same time they might qualify .
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