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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an American married to a British Citizen for more than

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I am an American married to a British Citizen for more than 12 years and we have 3 kids. We currently live in Canada and would like to move the UK this year. Can I apply directly to ILR or I need to apply for ILE first? would you also explain more to me what is the difference between the two?
Hi,

What is your annual income please?

What savings do you have?

There is a financial requirement..

Tom
Customer: replied 4 years ago.


Hi,


 


I dont know how is this related to my question? I am not applying as an investor, but rather as a Family Settlement.


 


Eyad

Hi

Thanks for your patience.

You cannot apply for ILR (indefinite leave to remain) because a change in the immigration rules took away the right for spouses of UK national to apply for this straight away on the basis of being married for 4 years.

This means that you will have to apply for Leave to Remain as the spouse of a UK national, which is effectively a spouse visa. Once you have been in the UK on this visa for 5 years you can apply for ILR (which is known commonly as “settlement”. Please refer to the following link for confirmation on this:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

However, you will have to apply to extend your visa before it expires to reach the 5 year period.

The reason I asked about your financials, is because there is a financial requirement now. You can find details of how you can meet this here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/



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Kind regards,


Tom
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