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From Tier 4 to Dependent visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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path
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Sri Lanka

From Tier 4 to Dependent visa

Post by path » Thu May 10, 2018 11:11 am

Hi,
I am an international student, in the UK with Tier 4 visa as PhD student. I got visa till 2020. My fiance has uk citizenship. I do not want to continue my PhD. If I quit from the PhD, my Tier 4 visa will be unavailable. So can I get a dependent visa marrying my fiance. Can i apply within the UK for dependent visa? will it have a negative effect in getting dependent visa because i quit from my studies ?
Thanks in advance.

sah10406
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Re: From Tier 4 to Dependent visa

Post by sah10406 » Thu May 10, 2018 2:27 pm

This is not a Tier 4 issue. I advise you repost in the relevant forum for family visas:

immigration-for-family-members/
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

lutga
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Re: Tier 4 to Dependent visa

Post by lutga » Thu May 10, 2018 3:10 pm

If at all possible I'd use the time available to you on the current Visa to marry in the UK - not only will it allow you to marry more easily in the UK, but also means you won't have to pay for *both* the fiance Visa and then the upgrade to the spouse Visa.

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CR001
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Re: From Tier 4 to Dependent visa

Post by CR001 » Thu May 10, 2018 3:15 pm

In order to marry in the UK, you and your fiance are required to give 28 days notice of intent at an HO approved Registry office. They will then inform HO and the notice period could be extended to 70 days for HO to investigate and/or interview each of you separately before approval to marry is granted.

Once you get approval and you marry, then you can switch to spouse visa provided you do so before your current visa expires and provided you meet the English requirement and financial requirement.
Char (CR001 not Casa)
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path
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Sri Lanka

Re: From Tier 4 to Dependent visa

Post by path » Thu May 10, 2018 3:53 pm

Thanks for the reply.

Won't there be any negative effect when getting a spouse visa because of withdrawing from studies in the uk (when having a tier 4 visa) without completing it ?

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CR001
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Re: From Tier 4 to Dependent visa

Post by CR001 » Thu May 10, 2018 3:56 pm

If you withdraw from your course, your sponsor will inform HO and your visa will be curtailed to expire in 60 days (these curtailments are coming through fairly quickly now as well, no longer taking months). This will make it a bit harder to get married if you are in a visa curtailment period of 60 days and you will come under more scrutiny to rule out sham marriage or marriage of convenience.

Does your fiance meet the financial requirement??

How long have you been in a relationship with your fiance??
Char (CR001 not Casa)
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lutga
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Re: From Tier 4 to Dependent visa

Post by lutga » Thu May 10, 2018 3:58 pm

Yup, basically - if you quit your PhD then your Tier 4 visa becomes invalid - hence why it's arguably in your interest to stay on the course if at all possible, as it gives you more options/time in the UK to marry.

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CR001
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Re: From Tier 4 to Dependent visa

Post by CR001 » Thu May 10, 2018 4:00 pm

Also, your previous posts suggest you received a studentship for your PhD and that you only recently came to the UK. Did you use the student visa to circumvent the more difficult fiance/spouse visa route??
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path
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Re: From Tier 4 to Dependent visa

Post by path » Thu May 10, 2018 4:06 pm

No. Actually I came for to do a PhD. It is really hard and more stress for me than I thought.

My fiance recently got his PR and getting citizenship next year. That's why I thought I could switch my visa , in case if I can't no longer focus on my studies.

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CR001
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Re: From Tier 4 to Dependent visa

Post by CR001 » Thu May 10, 2018 4:11 pm

What nationality is your fiance?

How long have you been in a relationship?
Char (CR001 not Casa)
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path
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Re: From Tier 4 to Dependent visa

Post by path » Thu May 10, 2018 4:14 pm

Its 3 years for this July. We are from the same country.

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CR001
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Re: From Tier 4 to Dependent visa

Post by CR001 » Thu May 10, 2018 4:17 pm

path wrote:
Thu May 10, 2018 4:14 pm
We are from the same country.
Which is? Sri Lanka?

The reason I asked is you used the term 'PR', which is the term used for EU citizens and their dependents. For your fiance if non-EU, it is ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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