FLR or ILR

[malikmoon]

A friend of mine getting married to a british national sooner. He has got CoA from Homeoffice. he has been living in the UK from past 4 years on student visa. the question is after getting married, is he getting 2 years further leave to remain as spouse of british national or is he eligible for ILR because he spent 4 continuous years in the UK.

[JAJ]

A friend of mine getting married to a british national sooner. He has got CoA from Homeoffice. he has been living in the UK from past 4 years on student visa. the question is after getting married, is he getting 2 years further leave to remain as spouse of british national or is he eligible for ILR because he spent 4 continuous years in the UK.

He will get 2 years further leave to remain as a spouse and can go for ILR after that period.

Time on a student visa does not count for ILR normally - only under the 10 or 14 year long residence concessions.

The one piece of good news is that once he does obtain ILR, the time on a student visa will count towards the residence period for naturalisation. So he may be able to apply immediately at that point.

[antontony]

Can I check something ?

I had a case of a client in such a situation when the Home Office refused to issue her FLR(S) as her Student Visa was expiring in 6 months after she was issued COA and got married.

BUT ! She left the country and came back just 3 days after, and her remaining time on her visa was 5.5 months.

THE HOME OFFICE REFUSED her FLR(M) saying that she must have had more then 6 month remaining on her visa after RE-ENTERING the UK.

I hope it will be not the case of your friend.

Regards,

Anton