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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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British Passport/ Resident Card

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I am a south african here on a Tier 2 sponsorship (working) for the last 4.5 years. I have been married to an EU national since March 2012. My leave to remain expires in 6 months and I want to know what the best option for staying in the country and getting a passport is. Should I apply for a spousal resident card and would this interfere with my plans of getting a British passport next year? Do I still need to do the living in the UK test if I have the resident card?

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

At the end of your current permission to remain would you have been resident in the uk for 5 consecutive years?

Kind regards
Customer: replied 3 years ago.

yes

Thank you for your reply.

The best option for you would be to apply for indefinite leave to remain in the uk after you have spent 5 years in the uk on a tier 2 migrant visa. You would need to undertake the life in the uk test and then apply for indefinite leave to remain. Once you have held indefinite leave to remain for a year you can then apply for British citizenship.

The reason why I suggest this would be a better option is because if you were to now apply for a residency permit this would take 6 months and thereafter once you have completed 5 years in the uk on a residency permit then apply for permanent residency a decision then British citizenship. You would not have to take a life in the UK test if you applied for permanent residency in the uk. The problem is that you can only apply for permanent residency if you have spent 5 years on an eea family permit which you wouldn't if you were thinking of applying for British citizenship next year. You would have to wait an additional 5 years to apply for permanent residency.

Your best option would be to apply for indefinite leave to remain once you have completed 5 years in the uk and undertake the life in the UK test. Once you have held indefinite leave to remain in the uk for one year you can then apply for British citizenship.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
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