Anyone now what happens when a settlement visa runs out?

nooney

My Daughters partner is Canadian and her settlement Visa runs out in May I'm just starting to research what happens next as they arent sure. They were married in Canada two years ago and want to stay in England.
Anyone out there with experience of Visas?
thanks Nooney

ps sorry I meant Know what happens??

kato

I am currently going through this for my wife, who has been here for nine months on her first settlement / FLR (further leave to remain) visa, which lasts for two years.

During this time she needs to pass the "Life in the UK" test (http://www.lifeintheuktest.gov.uk/). If she fails in the two years, she can apply for another FLR visa to stay for another two years, however, if she passes the test, at the end of the FLR visa she can then apply for a ILR (indefinate leave to remain) visa, which means that she can stay forever.

Once she has the ILR visa and has been in the UK for three years, she can then apply for citizenship / naturalisation, basically making her British, with all the rights of a British citizen (healthcare, benefits etc.) - under ILR & FLR visas, she is allowed no access to public funds - she works and pays taxes, but cannot claim anything.

Hope that this helps.

nooney

:T Thank you kato it helps alot

Ukuser

hi

visit www.ukresident.com - very helpful forum coverng everything to do with uk immigration

i have currently applied for my wifes ILR - it will be 3 months on the 8th and still waiting - they are very slow at the moment

BernadetteN

kato wrote: »

Once she has the ILR visa and has been in the UK for three years, she can then apply for citizenship / naturalisation, basically making her British, with all the rights of a British citizen (healthcare, benefits etc.) - under ILR & FLR visas, she is allowed no access to public funds - she works and pays taxes, but cannot claim anything.

Hope that this helps.

You can indeed access public funds when you are in receipt of ILR and also for a few forms of FLR too. It depends on individual circumstances and you can try and figure it our by reading the IDIs (Immigration Directorate Instructions - yes that name will have to change as ID no longer exists!!).

kato

Hi Bernadette - are you sure of this? It is stamped on her visa "No access to public funds".

A big part of the visa application was centred around supplying proof that I could support her during her stay.

Triggles

No access to public funds is FLR. Once you are on ILR you have access to public funds. Even while on FLR there are still things she can access though that are not considered public funds - such as statutory maternity pay, NHS care, and a few other things.

BernadetteN

BernadetteN wrote: »

You can indeed access public funds when you are in receipt of ILR and also for a few forms of FLR too. It depends on individual circumstances and you can try and figure it our by reading the IDIs (Immigration Directorate Instructions - yes that name will have to change as ID no longer exists!!).

Yes I am really certain about it and that is the major difference between FLR and ILR, though I am not activiely encouraging anyone to deliberately give up their jobs once they get ILR so they can be kept by the state!

It really can make a difference however to certain people in the UK such as a family who are all currently on FLR as they cannot usually claim CTC etc (again there are some exceptions which are too many to list), but can finally claim once they have ILR. A good summary of public funds is on the UKBA Home Office (formerly Immigration Directorate) website.

http://www.ukba.homeoffice.gov.uk/ukresidency/rightsandresponsibilities/publicfunds/