NON-SETTLEMENT or SETTLEMENT

[Kwame O]

Is the two year probational visa under a British spouse a non-settlement visa?

How long is the processing time outside the uk?

[Casa]

Settlement. According to your previous post you'll be applying from Africa...in which case 3 months on average.
The probational period is now 5 years. 2.5 years followed by a further 2.5 years.

[Kwame O]

Thank you. What if I am applying in the US what is the average processing time. I am a law student in the US can apply from the US or I may still have to go to Africa to apply?

[Casa]

As you're legally resident in the US you can apply from there. This should be a shorter processing time.

[Kwame O]

Yes I am legally present in the US. My student visa and I-20 are all valid. In fact I applied for a 2 years UK visitors visa in February 2013 and it was issued to me without any problem. So I even have a valid 2years UK visa issued from New York.


I am the US now but my fiancee is in the UK. We will be having the wedding in africa so we will be going there in september. But I am taking the New York Bar exams in December. So I want to also know whether I should file for the UK spousal visa in Africa or come back to the US and file.

[Casa]

Even though you've been granted a visitor visa, you must make sure that your Spouse visa application 'ticks all the boxes' with all the mandatory documents.

[Kwame O]

Yes I am considering the spousal visa application as independent of my previous visa. So all the required documents for the spousal visa will be provided. Like I said I just wanted to know the waiting time for applying in Africa and US.