settlement - how long does it take while in the UK?

tomo34 · Post by **tomo34** » Fri Apr 08, 2011 11:06 pm

HI there: I recently submitted an application for settlement and am switching from a student visa category. I have been living in the UK on the student visa for a number of years, but my husband has dual citizenship (british/canadian) and am hoping to get the FLRM so that I can apply for full time employment.

However, time is running out on my student visa and I am wondering if anyone knows generally how long it takes for settlement applications while in the UK?

I applied at the beginning of Feb and had my biometrics done a month ago. I am concerened about how long it's taking and if my FLRM is not granted before 30 April, I may have to withdraw my application and return to Canada.

Has anyone else had a similar experience or knows how long these types of visas usually take?

Thanks in advance...

Post by **geriatrix** » Fri Apr 08, 2011 11:14 pm

Just to clarify - you haven't made an application for settlement but an application for leave to remain.

joh118 · Post by **joh118** » Fri Apr 08, 2011 11:35 pm

You can't go from a student visa to ILR (Settlement) without having lived in the UK for 10 years.

Therefore, I take it you are switching from student visa to spouse visa. You will need to remain on the spouse visa for 2 years to qualify for ILR.

tomo34 · Post by **tomo34** » Sat Apr 09, 2011 9:24 am

Sorry, I seem to have made a mistake in explaining what I was applying for. I keep getting settlement and leave to remain mixed up!

To clarify, I have applied to change from student status to Indefinite Leave to Remain as the spouse of a British National.

My query was in regards to how long the FLRM application generally takes as it's been 2 months since I sent my application. My biometrics were done about a month ago so I am hoping it won't be too much longer?

I am worried about what will happen at the end of April since my student visa expires. Will they contact me about this or do I have to withdraw my application and voluntarily leave the UK? Or, can I simply wait for them to make a decision even if my student visa expires?

Kitty · Post by **Kitty** » Sat Apr 09, 2011 9:35 am

Provided you submitted your application before your student visa expired, your current leave to remain is deemed to continue during the applicaiton process and any appeal. So don't worry

Post by **Greenie** » Sat Apr 09, 2011 9:42 am

I agree 4th kitty. However would also add that you have not applied for settlement but for further leave to remain. You can.t get settlement using form FLRM.

Post by **Casa** » Sat Apr 09, 2011 10:16 am

Greenie is right. FLR(M) grants an extension of a further 2 years as a spouse.
ILR can only be applied for at the end of the 2 years.
As you've already been advised, you continue to have legal status here while your application is being processed even though the student visa may expire in the meantime.

tomo34 · Post by **tomo34** » Sat Apr 09, 2011 10:01 pm

Ok great, thanks! That's a relief since the uk border agency officer I spoke to on the phone had made it sound like I should recall my application, leave the country and re-apply if my student visa expires.

But of course it doesn't make sense for them to expect me to do that when they have my passport, etc.

Thanks for your helpful comments everyone

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settlement - how long does it take while in the UK?

settlement - how long does it take while in the UK?