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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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F.T.O Tom, Hi There ... Another Quick question Could my wife

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F.T.O Tom,
Hi There ... Another Quick question
Could my wife still be Allowed "Indefinite Leave to Stay"?
She came to England on a Works Visa in 2008 ( October )

May I answer tomorrow please? 9am


Thanks for your patience.

If your wife has spent all her time in the UK under a Domestic Workers visa granted by the UKBA (ie. as a domestic work in a private household) then the time that she has spent in the UK is permitted to count towards indefinite leave to remain.

Please find confirmation here:-

I would say that if she is to continue working for this couple until she reaches the 5 year period then it would be more sensible to remain in this category (if this is what she has) and apply for indefinite leave to remain then, rather than switch to a spouse visa. T

This is because if she switches to a spouse visa then she would have to stay in the spouse visa category for a further 5 years before applying for indefinite leave to remains as a spouse requires that you have actually held a spouse visa for 5 years.

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Kind regards,

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