Should my wife keep T4 visa or transfer to spouse visa?

[xaozhanglei]

Anyone can help to answer should my wife keep T4 visa or transfer to spouse visa?

Background: myself has ILR and my wife holds a T4 visa expires in 03/2022, she can apply 10-year ILR in 08/2024.

There are 3 routes for her:

Route 1: she applies spouse visa now, and 09/2021 again, she can apply ILR in 03/2024 through 5-year spouse visa, she needs to apply visa three times

Route 2: she wait until August and apply spouse visa twice as route 1, she can apply ILR in 08/2024, three visa applications. Unlike route 1, now she has two options to apply ILR, either 10 years or 5 years spouse visa

Route 3: she keeps her student visa until 02/2022, and apply spouse visa once, will be valid until 08/2024, she can apply 10-year ILR, only 2 visas in total

Can I ask, which route is the best in terms of minimising the risk? We do not know if route 2 or 3 are viable. And do not know if there is still 10-year ILR 5 years later.

Many thanks

[seagul]

All depends on your budget and future plan. Tier 4 visa will incur more expense especially in the form of paying university fees and plus will give only 20 hours right of work. Preferably change it to spouse visa if you can meet the financial, accommodation and subsisting relationship requirements. In either cases the time spent will be counted towards long residence for 10 years of ILR (if that route remain in place until 2024).

[xaozhanglei]

Thank you very much for your quick reply. At the moment, she is a student with scholarship. So no pressure on finance. She will finish her study here anyway no matter apply ILR or not. Thus, keeping her student visa will save money compared with others since she only need 2 visas in total. In addition, we have no finance issues to apply spouse visa either.
Given this situation, can I ask you which route will have a lower risk, in terms of preparing materials, or, easier to be approved finally? is it allowed to combine student visa, spouse visa for 10 years and apply ILR?

Many thanks again for your help. Appreciate it!

[seagul]

Thank you very much for your quick reply. At the moment, she is a student with scholarship. So no pressure on finance. She will finish her study here anyway no matter apply ILR or not. Thus, keeping her student visa will save money compared with others since she only need 2 visas in total. In addition, we have no finance issues to apply spouse visa either.
Given this situation, can I ask you which route will have a lower risk, in terms of preparing materials, or, easier to be approved finally? is it allowed to combine student visa, spouse visa for 10 years and apply ILR?

Many thanks again for your help. Appreciate it!

If she & you are happier to stay on tier 4 visa then its fine.

All depends on your budget and future plan. In either cases the time spent will be counted towards long residence for 10 years of ILR (if that route remain in place until 2024).

If you & she is happier to stay on tier 4 visa then its fine. In my opinion you should keep an eye on the rules for each category from time to time and whenever you feel risk in either route then safely switch into other one. And as mentioned earlier that all time spend on either routes (study/spouse) will be counted towards 10 years ILR route. And if she will manage to complete her studies (atleast Bachlor degree) from UK university then she will never have to pass any English language test even until British citizenship.