Tier 4 visa to spouse visa

[Zee123456789]

Can anyone guide that if any student get married on tier 4 visa then can he or she immediately apply for spouse visa or he or she will have to wait for expiration date of tier 4 visa and then is allowed to apply for spouse visa??

[CR001]

Can anyone guide that if any student get married on tier 4 visa

Be aware of the procedure though. You are required to both attend an HO approved Registry office and give 28 days notice. The registry office then informs HO that a non-EU and ILR/BC/EU citizen (you don't say which one) wishes to get married. This notice period can then be extended to 70 days for HO to investigate and/or interview each of you separately before permission to marry will be granted.

she immediately apply for spouse visa

Yes.

then is allowed to apply for spouse visa??

Yes.

[Zee123456789]

Thanks. How many chances to get permission?? And can you tell me what will be possible questions HO will ask?

[CR001]

It depends on if your relationship is genuine or not. What questions they ask, I don't know.

[Zee123456789]

Thanks CR001. I will be grateful if i am guided regarding what factors they see to check genuine relationship?? I mean, the guy i am going to marry we found each other on marriage website 6 mnths back and at that time i was also applying for tier 4 visa. As i am muslim so i cant live with him without marriage. Yes we meet off and on. So before our marriage what factors will they consider to check genuine relation?? I will be obliged if im guided a bit more. As i am living in nottingham accommidation and he lives in bredforshire.

[CR001]

I don't have the answers to your questions on what HO would ask to establish if the relationship is genuine.

Link below might be worth reading.

eea-route-applications/eu-commission-s- ... 73197.html

[Zee123456789]

Your given link was helpful a lot. Can you plz define exempt person word. There is line in link that "further investigation will be conducted if condition A is met where one or neither of parties to proposed marriage is exempt person..

Or if possible can you summarise condition A.. I am unable to understand what is exempt person in condition A.

[CR001]

You need to be more specific about which link or document you are referring to. I don't have the time or energy to read through each one to find what you are stating.

[Zee123456789]

https://www.gov.uk/government/publicati ... ion-scheme

This is the link. Here statutory guidance is downloadable.

Im also pasting here specific passage from this pdf doc. If you find it difficult to read then kindly use above link. Whole pdf is available where condition A is defined.

Section 2.0 – The investigation decision
Where a registration official refers a proposed marriage or civil partnership to the
Secretary of State under the scheme, she must decide under section 48(2) of the
2014 Act whether to investigate whether the proposed marriage or civil partnership is
a sham.
Under sections 24 and 24A of the Immigration and Asylum Act 1999, as amended by
section 55 of the 2014 Act, a sham marriage or civil partnership is one in which:
 one or both of the parties is not a British citizen or an EEA or Swiss national;
 there is no genuine relationship between the parties; and
 either or both of the parties enter into the marriage or civil partnership for the
purpose of circumventing UK immigration controls, including under the
Immigration Rules or the Immigration (EEA) Regulations 2006.
Under section 48(3) of the 2014 Act, the Secretary of State may not decide to
investigate whether a proposed marriage or civil partnership referred under the
scheme is a sham unless conditions A and B are met.
Condition A is met if the Secretary of State is satisfied that only one or neither of the
parties to the proposed marriage or civil partnership is an exempt person.
Condition B is met if the Secretary of State has reasonable grounds for suspecting
that the proposed marriage or civil partnership is a sham.
Section 48 does not require conditions A and B to be considered in any particular
order, nor does it require a condition to be considered if the other condition is not
met. Home Office staff may therefore conduct the checks necessary to establish
whether the parties to a proposed marriage or civil partnership referred under the
scheme are exempt persons before or after commencing or completing their
consideration of whether there are reasonable grounds to suspect that the proposed
marriage or civil partnership is a sham.
2.1 Condition A
Condition A is met if the Secretary of State is satisfied that only one or neither of the
parties to the proposed marriage or civil partnership is an exempt person.
Under section 49(1) of the 2014 Act, an exempt person:
 Is a relevant national, i.e. under section 62(1) is a British citizen or an EEA or
Swiss national.
 Has the appropriate immigration status, i.e. under section 49(2):
- has an EU right of permanent residence in the UK.

[CR001]

Is a relevant national, i.e. under section 62(1) is a British citizen or an EEA or
Swiss national.
 Has the appropriate immigration status, i.e. under section 49(2):
- has an EU right of permanent residence in the UK.

A British citizen or EU citizen are EXEMPT and can marry freely another EU or British citizen. You as a non-EU citizen are NOT exempt and hence need permission to marry even if you are marrying a British citizen or EU citizen.

[Zee123456789]

Thanks for being kind. May i know my friend applied for January intake and her visa decision has been made last week but she has not received her passport yet why?? She is calling embassy but they are not picking call. Any suggestion or idea?? How long she should wait

[Zee123456789]

Her university told her that they were told unofficially that decision has been made last week. But ot has been u working days she did not receive her visa yet.

[Zee123456789]

As her University told about decision unofficially, then will sheffield send her standard email regarding decisiin has been made or not??

[Zee123456789]

How is it possible that her BRP has been received by her University but she has not received her visa??

[Casa]

How is it possible that her BRP has been received by her University but she has not received her visa??

The BRP is the visa

[Zee123456789]

I mean she has not received her passport yet by embassy but brp has been posted to her University

[sah10406]

Why are you (or we) involved? She needs to ask her university about this.