From Student Visa to Indefinite Leave to Remain??

Hi,

I'm hoping someone can help me with this question. Is it possible to transfer from a student visa to ILR without having to do FLR(M) first? (thenceforth saving loads of money/paperwork)

Background: Wife is American, she did her MA in Ireland back in 2005, started her PhD in England in September 2005, we got married May 26, 2006. Her student visa lasts until the end of September 2009 but her course can be extended for up to a year later (i.e. she could be allowed by the Uni to complete her PhD in 2010 if necessary).

Any help gratefully appreciated,

Saj

the short answer- no.

Student visas are not a category that leads to settlement- and you have to have a visa that leads to settlement in order to apply for ILR.

The only exception to this is the long residence rules (which allows people with 10 continuous years of legal residence in the UK to apply for ILR directly.)

edited to add- just looked up the immigration rules to be sure. Paragraph 287(a) states that in order to apply for ILR as a spouse of a British citizen, you have to have spent 2 years on either a spousal visa or FLR(M).  There's no way around that.

The only exception to this is the long residence rules (which allows people with 10 continuous years of legal residence in the UK to apply for ILR directly.)

edited to add- just looked up the immigration rules to be sure. Paragraph 287(a) states that in order to apply for ILR as a spouse of a British citizen, you have to have spent 2 years on either a spousal visa or FLR(M).  There's no way around that.

Nice work, Andrea!

I can only add that they are proposing to change the long residence provision to the effect that a spouse cannot access it.  Their rationale is somewhat complex, but essentially holds water.  They want spouses to use UK law rather than the long residence provision, which is rooted in EU law.  More on this later...