Changing from student visa to spouse/dependent visa.

kazmi09 · Post by **kazmi09** » Fri Aug 14, 2009 7:43 pm

i am currently on student visa and my extension is due in Dec2009, i am getting married to someone who also has a student visa but she is doing her research and she wont be leaving UK in the next 4 years, so i simply want to apply for a spouse visa instead of student but one thing which i am not sure about is the right to work, being the dependent of a student can i work either full or part time? and can i switch between student and spouse visa?

ukvisa2004 · Post by **ukvisa2004** » Sat Aug 15, 2009 1:32 am

Student dependant can work full time with no restriction.

Also, student can switch to student dependant.

However, only those whose last leave to remain was "student" can apply for student visa. So if you change to student dependant and later on if you want to switch it back to student then its not possible. You have to go back to your country and apply student visa from there.

kazmi09 wrote:i am currently on student visa and my extension is due in Dec2009, i am getting married to someone who also has a student visa but she is doing her research and she wont be leaving UK in the next 4 years, so i simply want to apply for a spouse visa instead of student but one thing which i am not sure about is the right to work, being the dependent of a student can i work either full or part time? and can i switch between student and spouse visa?

Post by **vinny** » Sat Aug 15, 2009 2:00 am

Your familyâ€™s immigration.

kazmi09 · Post by **kazmi09** » Mon Aug 17, 2009 6:15 pm

i am still not clear because someone has told me that there is a difference between student under tier 4 and others and that i have to go back to my country to apply for a spouse visa, so could you please explain.

ukvisa2004 · Post by **ukvisa2004** » Mon Aug 17, 2009 6:38 pm

http://www.ukba.homeoffice.gov.uk/polic ... les/part3/

In short, if you can meet all the requirement of 76 (i - vi) and 77, you will be granted dependant visa.

Taken from the above link

Spouses or civil partners of students or prospective students granted leave under this part of the Rules
Requirements for leave to enter or remain as the spouse or civil partner of a student or prospective student
76. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student are that:

(i) the applicant is married to or the civil partner of a person admitted to or allowed to remain in the United Kingdom under paragraphs 57-75 or 82-87F; and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant's stay and the marriage or the civil partner of is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to take employment except as permitted under paragraph 77 below; and

(vi) the applicant intends to leave the United Kingdom at the end of any period of leave granted to him.

Leave to enter or remain as the spouse or civil partner of a student or prospective student
77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 76 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.

Refusal of leave to enter or remain as the spouse or civil partner of a student or prospective student
78. Leave to enter or remain as the spouse or civil partner of a student or prospective student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 76 is met.

kazmi09 wrote:i am still not clear because someone has told me that there is a difference between student under tier 4 and others and that i have to go back to my country to apply for a spouse visa, so could you please explain.

kazmi09 · Post by **kazmi09** » Tue Aug 18, 2009 2:16 am

paragraph 77 states that 'Employment may be permitted...' not 'Employment must be permitted', it means that there is an equal chance that the spouse might have no right to work in UK.

ukvisa2004 · Post by **ukvisa2004** » Tue Aug 18, 2009 2:25 pm

The word "may" means more likely it will be issued. In rare cases, they may write "NO WORK" usually by mistake. In that case, you just have to correct the "No Work" by contacting them. Since they dont want to confirm they have done a mistake they uses such word.

Moreover, they will always use "May" since they DONT want to confirm anything!!!!

kazmi09 wrote:paragraph 77 states that 'Employment may be permitted...' not 'Employment must be permitted', it means that there is an equal chance that the spouse might have no right to work in UK.

kazmi09 · Post by **kazmi09** » Tue Aug 18, 2009 10:58 pm

you mean if they write 'No Work' on the visa then i can contact and ask them to change it and give me the right to work?

kolawole · Post by **kolawole** » Thu Oct 15, 2009 10:23 pm

Hello everyone,

Can anyone help me with my problem pls,i am in the uk stuying but my school as close down and knwo one know's the reason why the school was close down,have send my visa application for renewer but i never get any response from the home office till now.

Another problem is that my mother leaves in belgium and i wanted to do dependent visa on her,but i need to get my visa back b4 anything i think so can anyone pls advise me on what to do. my email is wallhelen76@yahoo.co.uk

Thanks.

ItsWell2008 · Post by **ItsWell2008** » Fri Oct 16, 2009 2:23 pm

anglophile · Post by **anglophile** » Fri Oct 23, 2009 8:03 pm

Not that I am an immigration expert... but what are the chances of having your student visa renewed when your school has been closed down??

kolawole wrote:Hello everyone,

Can anyone help me with my problem pls,i am in the uk stuying but my school as close down and knwo one know's the reason why the school was close down,have send my visa application for renewer but i never get any response from the home office till now.

Another problem is that my mother leaves in belgium and i wanted to do dependent visa on her,but i need to get my visa back b4 anything i think so can anyone pls advise me on what to do. my email is wallhelen76@yahoo.co.uk

Thanks.

pramod · Post by **pramod** » Sat Oct 24, 2009 5:30 am

hi can any one help me the details for applying dependent visa??

As my friend is der at UK studying nd her visa is valid till septmbr 2010.

We are planning to get married this december 2009,so is it possible for her to sponsor me and can i go to UK as dependent visa??

Please help me out in this.I got student visa rejection this month so can u plz help me in this??

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Changing from student visa to spouse/dependent visa.

Changing from student visa to spouse/dependent visa.

Re: Changing from student visa to spouse/dependent visa.

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