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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Is it a case of not showing up for classes or completely giving the course up - like this sounds?sakura wrote:Yes but as vinny's link points out, not showing up for class doesn't mean one has broken the terms of the visa.
I don't know what would happen if, for example, she has been working in excess of her 20 hours allowed as a student. If she's been working more than this, then she might be in trouble. And, naturally, point 1 might lead them to point 2 (poor attendance = doing something else? = working more than 20 hours).
Still, I can't see why they could refuse her a spouse visa...
Would it depend on the poor attendance being kind of turning up once every fortnight for the whole term being ok, or say good attendance for the first half, none for the second, how would that be viewed?VictoriaS wrote:To be fair, back in July the HO were doing things very different, and they probably would not have asked for this info. In fact, it could well have been me who gave this advice!
If the attendence record is bad then do explain, mention Zhou, and it should not be refused. If it is, I believe that refusal would be unlawful.
Victoria
And isn't there the edict of 'satisfactory progress' with a student visa - irrespective of attendance?VictoriaS wrote:That's the problem. It is highly subjective.
Victoria
So again from that, if there is poor attendance, and no satisfactory progress, the Zhou would not apply?VictoriaS wrote:Thanks for the update - I hate both teams so much I stayed at home to watch 'Doctor Who'!
If there is satisfactory progress then any problems over attendence will be reduced, if not nullified.
Victoria
tusken wrote:I am a british citizen and recently married my chinese wife. We obtained a COA and have applied for a spouse visa. She has currently got a 1 year student visa (and has also had four student visas before that - so she has been here 5 years) The Home office have requested her attendance records for her course.
These will show a poor attendance record because to be honest the course she was doing (accountancy) was not realistically going to enable her to become a chartered accountant, and frankly, as our marriage is 100% genuine, we did not think there was any need for her to keep up with a course that served no purpose.
The statement that the marriage is genuine is ridiculous. Her basis of stay was on a student visa not marriage so stop using genuine as some kind of protective armour for being silly and not attending the course like you should have. Sheesh" People need to take more responsibility for the consequences of their actions.
We meet all the criteria for a spouse visa and nowhere in my internet research have i encountered this situation. She is changing her status into a spouse visa, she isnt applying for another student visa - so why are they asking this question? Are you REALLY going to feign ignorance? Maybe because her actions indicate deceit and dishonesty and they don't have to approve this visa on the basis of bad behaviour on a prior visa. Don't mess with the hospitality of the HOHow do people suggest this situation is dealt with? We can try to explain that the course was not really suitable/that once she moved in with me it was more difficult to attend. Will this be enough?
That is also ridiculous. Then why did you sign up for it and never drop the course and then sign up for a different course.
Surely they cannot refuse her on the strength of a poor attendance record? She is staying here on the strength of our marriage, not on the strength of her attendance. Really then why was she on a student visa for 5 years. Stop muddying the facts. HO isn't stupid
Does this query relate to the genuineness of our marriage? (we have only been together for 1 year so i accept that questions could be asked about that) As long as we can prove that our marriage is genuine, we should be ok right?
Thanks. I dont make comments to be funny just to make people think about what they are doing so they can focus and get on with what needs to be done..chrissy wrote:True.I disagree.
Its a reality check.
When people start to own up to their situation, then they will be in a better position to defend it.