ILR for spouse of UK citizen

Hi!

Thank you for providing such a wonderful consultation option.

I am a citizen of Ukraine. I have a British husband. We’ve been married for 6 years. I hold a 2 year FAMILY visa (C) to UK which expires in December of this year.
I’ve been thinking of getting something more permanent. I’ve been reading on the subject and as far as a understand I would need to apply for “family of a settled person visa” which will be granted for a period of 2.5 years, then extend it for another 2.5 years before I can finally apply for “indefinite leave to remain”.
My questions are:
1.Can I apply for a “Family of a settled person visa” while staying in UK on a Family visa (C)?
How much time do I need to allocate for visa processing? As I said my visa expires in December 2014. What is the latest time I can apply?
2. Assuming I will get a “Family of a settled person visa” will I need to spend continuous time in UK during my 5 years on this visa in order to be granted an Indefinite Leave to remain afterwards? Am I allowed any breaks?

Thank you,
Dila

You can't switch from a visit visa in the UK. How long has your spouse been in the UK?

Amber wrote:You can't switch from a visit visa in the UK. How long has your spouse been in the UK?

Thank you for your reply. That's a bummer!
My husband was born British.

Well how long have you been in the UK?

Amber wrote:Well how long have you been in the UK?

I have been in and out of UK for the last few years on Family visitor visas.
Right now I am not in UK but planning to go there in August.

I should clarify that I am not in my home country now either. I am in USA right now and I am planning to travel to UK from US in August. From that point I will be allowed to stay in UK for 6 months under my present visa conditions.
I was hoping to avoid getting back to Ukraine to apply for a "Visa to join family in UK". I was hoping to apply for a "Visa to Remain in the UK with family" from within UK.

Amber is right. Not possible I'm afraid.

Thank you.
I guess I will have to do it from Ukraine.

Before you apply make sure you are able to meet all the conditions required for a spouse visa, especially your husband's earning meeting the minimum of £18,600 per annum. A refusal for a settlement visa could well affect future applications for a visitor visa.

Thank you. I will make sure of that.
Can you give me any advice on my second question?
2. Assuming I will get a “Family of a settled person visa” will I need to spend continuous time in UK during my 5 years on this visa in order to be granted an Indefinite Leave to remain afterwards? Am I allowed any breaks?

You are allowed 'reasonable trips' outside of the UK but long periods of absence would come under scrutiny and may affect your ILR application.