Student Visa holder but married 2 a commonwealth Citizen

MrCheeks147 · Post by **MrCheeks147** » Sat Dec 08, 2007 12:12 am

Hi all,

Just recently got married to my Wife (Church In Wales, i did not take the option of going through the COA)) .She Indefinite Leave to Remain in the UK which she got through her Mum two and a half years ago .

My Student Visa runs out in Feb 2008 and i could either apply for the 1 year work permit or apply for the Spouse Visa (and get 2 years, i believe?!?).

I do receive regular income from back home to support me in the UK and also i believe my prospects of getting a job in the UK afterwards is quite high (having finished an MSc) and currently studying for an MBA. I have proof of regular income, especially as it relates to my bank account with thousands of pounds received on a regular basis, and would be in a position to support both of us financially without recourse to public funds @ least until i can get some job after my studies. My wife got a job recently and she is working full time (but this i must say is not a professional job).She is looking to go back to Uni. come September 2008.

I would really like some advise on the better option as it relates to the Visa that might be most appropriate for me, either the Spouse option or the 1 year work permit.

Again, i would like some advise on the proof of income i might be requested to provide (HO) when puting my application through since the accommodation we reside is a 2-bed flat that i pay over Â£650 per month incl. of bills.

Pls advise.Thanks

Post by **vinny** » Sat Dec 08, 2007 2:00 am

I believe that Spouse status may be the better option as it gives you more freedom to work and you may obtain ILR (indefinite leave to remain) quicker.

How long is your leave to enter/remain in the UK valid for? If it's longer than six months, then you may now switch to spouse under paragraph 285 of the Immigration Rules, using form FLR(M) (see also FLR(M) guidance), available on Application forms. Else, you would have to return home and apply for a spouse visa with the appropriate 'effective' and 'expiry' dates; these dates are important when applying for ILR later on.

See also Chapter 8 - Family members, Section 1 - Spouses and
Chapter 8 - Family members annexes, Annex F - Family members - Maintenance and accommodation.

See also Knowledge of life in the UK and Application forms (form SET(M) and SET(M) guidance) for the ILR's requirements and documents that have to be collected over the next two-year period.

MrCheeks147 · Post by **MrCheeks147** » Sat Dec 08, 2007 2:21 am

Hi Vinny,
My Leave to Remain expires in Feb 2008 and I would be applying, as advised, for the spouse Visa instead.

But does, the fact that my leave expires in Feb 2008, mean that i would need to return, even though i can conveniently apply for the 1 year IGS programme (work permit)?

I have been in the UK for 4years on a Student Visa anyways..Does that make any difference?

Thanks

Post by **vinny** » Sat Dec 08, 2007 2:48 am

vinny wrote: How long is your leave to enter/remain in the UK valid for?

Sorry. Perhaps I should have said "granted for" rather than "valid for".

If your leave to enter/remain in the UK had been granted for a period of over six months, since your last entry into the UK, then you may now apply for FLR(M) in the UK. The six months time-limit was put in place mainly to stop visitors from switching.

Normally, your leave to enter/remain must be valid for over six months since your last entry into the UK. However, Victoria pointed out on another board that this requirement had been overturned. So long as your leave to enter/remain was granted for a period of over six months, then you may be okay. Unfortunately, I haven't got any links to the judgment to confirm this.

Wanderer · Post by **Wanderer** » Sat Dec 08, 2007 1:25 pm

Wouldn't his support from home count as third-party support?

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 2:37 pm

If your combined income is low and you rely on support from home then you may want to consider waiting, as third party support is not permitted for spousal applications.

It might help you to know that IGS will now be for two years rather than one.

Victoria

MrCheeks147 · Post by **MrCheeks147** » Mon Dec 10, 2007 10:56 pm

Hello,

Just out of curiosity, u mentioned that the IGS programme is now 2 years?Just wondering where that info is available cos i could not find it on the home office site.

Again , i would like to know if 3rd party support is not recognized as a source of fund? I do work part-time in the UK though and my spouse also does work as well (Full time), i only mentioned that the work she does is not professional. Would a letter from her employer and pay slips covering the last 3/6 months be sufficient?

Pls advise.
Thanks

Post by **vinny** » Tue Dec 11, 2007 1:04 am

See also Third Party Support: Interpretation of Huang and AM (3rd party support not permitted R281(v)) Ethiopia [2007] UKAIT 00058

MrCheeks147 · Post by **MrCheeks147** » Tue Dec 11, 2007 1:44 am

Thanks for your post Vinny, really appreciated....

Again, i do have another question; like i mentioned in my 1st post, i just recently got married and my spouse just moved in with me as it's with our culture that a wife could not co-habit in with her (potential) husband hence i can only show as proof one month of Utility bill for Npower.

I do fully pay for the rent and bills (as i have always done in the last 2yrs) and my wife just moved in with me after we got married @ the end of Nov. 2007.

I do work part-time and she works full time, do we need to provide 3 or 6months of bank statements/pay-slips as this is not mentioned anywhere on the HO website, or maybe i could not just find it. And do we both need to get letter(s) from our employers as well?!?

Also do i need to provide details of my past results (Certificates) confirming still my student status and also my high likelihood to find suitable professional employment (also confirmation of recent professional job applications made and potential job offers after schooling) as this might help in boost my chances of having a smooth sail?!?

Pls advise.

Once again thanks for the help!!!!!

Post by **vinny** » Tue Dec 11, 2007 7:59 am

Read carefully the form FLR(M) and FLR(M) guidance on Application forms for their suggestions and requirements, including evidence of your finances. Normally, unmarried or same sex partners, not married couples, are required to show proof of co-habitation on the form FLR(M). However, you will need these documents when applying for ILR on form SET(M) later.

MrCheeks147 wrote:Also do i need to provide details of my past results (Certificates) confirming still my student status and also my high likelihood to find suitable professional employment (also confirmation of recent professional job applications made and potential job offers after schooling) as this might help in boost my chances of having a smooth sail?!?

Yes. Showing the above should help. See also Chapter 9 The maintenance and accommodation requirements for further guidance.

Once you have been granted the FLR(M), don't forget to read the SET(M) and SET(M) guidance as soon as possible for the ILR's requirements. But note that these forms may be updated in the future.

MrCheeks147 · Post by **MrCheeks147** » Tue Mar 04, 2008 11:37 pm

Our FLR(m) application has been granted....
we got it this afternoon..

It was sent it on 29th of Jan. ,2008..Took like 4 1/2 weeks

Thanks a lot for the advise all....javascript:emoticon(':D')
Very Happy

Post by **John** » Wed Mar 05, 2008 8:26 am

MrCheeks147, many congratulations!

All you need to do now is to download the form SET(M) and start gathering the needed 20 pieces of evidence that such form talks about. As those pieces of evidence need to be spread over the 2 years, time-wise, it is a good idea to have a concerted plan to build up the needed evidence over the 2 year period.

Download the form by clicking here.

MrCheeks147 · Post by **MrCheeks147** » Wed Mar 05, 2008 10:24 am

Thanks a lot for the info.

Would start on that straight away....cheers

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