Document Actions
My wife is on a Student Visa and I am on a Dependent Visa. Can we apply for indefinite leave to remain in the UK?
My wife came to the UK as a student in 2001 and then we had two children, both of whom were born here. My wife is still on a Student Visa and I am on a Dependant Visa and working. Is there any way that we can apply for indefinite leave to remain in UK?
A student visa does not lead to indefinite leave to remain, unless you study in the UK for a continuous period of ten years, at which time you can apply for indefinite leave to remain under the discretionary 'ten year' rule.
There is only one option available for students to get permanent settlement in the UK i.e. long-term residence. If a student remains in the UK for ten years then he/she can apply for indefinite leave to remain in the UK.
It is possible for students who have successfully graduated from an educational institution in the UK to switch into other immigration categories while remaining within the UK. These are:
* WP ( Business & Commercial)
* HSMP (Highly Skilled Migrant Programme)
* Science & Engineering Graduate Scheme
* Business Person
* Innovator
* Fresh Talent Working in Scotland Scheme (Provided the applicant has completed his HND, Graduation, Masters or PHD in Scotland and lived for a considerable amount of time period and qualifies for this scheme)
However if the student switches his immigration category then he would have another option to get an Indefinite Leave to remain on the basis of that immigration category.
For example, if after remaining a student for two years he changes his immigration status to HSMP, which allows a person to apply for an Indefinite Leave to remain after remaining for five years in the UK. So, in this case that person can apply for an Indefinite Leave to remain after a total of seven years of living in the UK, although he would still have a right to apply for Indefinite Leave to remain after 10 years of continuous residence in the UK.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
