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hi. a frind of mine just got a 5year further leave to remain as a spouse of someone settled in the uk. she previously had a 2year student visa. she wants to know if she can apply for the Indefinite after 3years or she would have to complete the full 5years on her current visa.
your advise needed please.

Does her spouse have settled status under EU/EEA rules or has she switched to FLR(M) under the UK route to settlement? I'm guessing her spouse is on an EU permit as you mention 5 years rather than 2 years.

Casa I think you mean EEA residence card not family permit (family permits are issued for 6 months outside the UK)?

yes her spouse is from Holland but he is settled her thats why she was granted 5yr visa

anna safo wrote:yes her spouse is from Holland but he is settled her thats why she was granted 5yr visa

You seem to be confused - often the case when posting on behalf of someone else.

if the spouse is from Holland and settled (i.e. has Permanent Residence) then she could have chosen to apply under the immigration rules for leave as the spouse of a settled person, and would have been granted two years leave to remain (if applying from inside UK), or 27 months entry clearance (if she applied from outside the UK), after two years she would have been able to apply for ILR. This route is expensive and harder (due to maintenance and accomodation requirements) but leads to settlement earlier.

If she has been granted 5 years then this is neither leave to remain nor a 'visa' it is a residence card as a non-EEA family member of an EEA national. This route is free, and easier (no maintenance and accomodation requirements) but is a longer route to settlement.

She will be able to apply for confirmation that she has acquired permanent residence after she has spent 5 years as the spouse of an EEA national exercising treaty rights in the UK. Depending on how long they have been married and living together in the UK this may well be before her current residence card 'expires' as the card is only confirmation of her entitlement to live in the UK. Her rights are currently dependent on her husband remaining in the UK and continuing to exercise treaty rights.

Your friend should really seek advice herself since she is more aware of her circumstances.

thanks Greenie. the next question is, if she wants to go to Uni to study,when will she be entitled to pay fees as a home student?

Possibly. See [url=http://www.ukcisa.org.uk/student/inform ... ition_fees
tution fees[/url]