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

Posted: Sat Aug 28, 2010 11:41 am
by paddym
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!

Posted: Sat Aug 28, 2010 11:56 am
by geriatrix
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