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Visa Transition - Tier 1 Post-Study Work to Indefinite Leave

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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paddym
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Joined: Sat Aug 28, 2010 10:35 am

Visa Transition - Tier 1 Post-Study Work to Indefinite Leave

Post by paddym » Sat Aug 28, 2010 10:41 am

Hi

My wife is an American citizen (I am a British citizen) who came to the UK 3 years ago (we had met prior to this) and lived with me whilst she completed as Master's Degree.

Upon completing her degree, she got a 2 year Tier 1 Post Study Work Visa which expires this November. We actually got married last year and she has now lived in the UK for over 3 years. We are now looking at her application for ILR and the advice on the UKBA website seems unclear as it seems to suggest she cannot actually apply for ILR. If so, what can we do in terms of Visa extensions - we are expecting our first child shortly. Any thoughts/help appreciated...

Thanks!
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geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Sat Aug 28, 2010 10:56 am

She may apply for leave to remain as spouse of settled person / British citizen to extend her stay. Under current rules, she will qualify for settlement (ILR) after 2 years' stay in UK as your spouse.


regards
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