Student to Spouse!

njoy1987 · Post by **njoy1987** » Fri Dec 03, 2010 7:42 pm

Hi People!

First of all very well done for running this place you all are doing great and I have gained much information through this forum!

Now i need your comments on my case please!

I am currently on a student visa which expires in 4 months time. I got my COA and married my lovely wife a month ago. We have been together for 3 years, lived separately but have phone bills and photos to prove a genuine relationship. We are living together since marriage and will do so for ever. We are collating all the docs for the application...

We meet all the requirements of Visa i.e we have adequate accommodation she works i work. and all the rest..

Now the thing that is worrying me and her the most is... Unfortunately due to severe personal/family circumstances for the past 2 years I have over worked and couldnt keep up with my education.

Can my FLRM application be refused because of this? Also my wife is studying a degree at the moment (first year). She is British born and have never lived anywhere else but England (Not naturalized citizen).

Can my case be considered under article 8? Can i be automatically refused or Banned under 320? Can my current leave be curtailed and served a notice to leave?

I am evaluating my circumstances and I need you guys to comment on my chances of success and correct course of action please!

Much appreciated

ElenaW · Post by **ElenaW** » Fri Dec 03, 2010 8:08 pm

In your case I would probably recommend returning to your home country and applying for a spousal visa instead of trying to apply for flr(m). First of all, a lot of student to spouse switches get asked for proof of attendence or something that proves you have been turning your assignments in and passing. Secondly, there have been a few refusals that I know of due to non-attendence. Such applicants had to return to their home country and apply from there.

I'm not quite sure about the over working. You may or may not get into trouble for this. Someone will probably come along and say more about this.

njoy1987 · Post by **njoy1987** » Fri Dec 03, 2010 8:44 pm

Hi i just read on a different website that any of the automatic refusals dont apply if ur applying for spouse visa.. Not following the terms of the visa is breach of my conditions but the exemption under 320 7c covers me i guess? U can shed some light on this too please...

Post by **Casa** » Fri Dec 03, 2010 9:50 pm

If you apply for FLR(M) by post it's unlikely you'll be asked for your attendance record.

ElenaW · Post by **ElenaW** » Fri Dec 03, 2010 9:55 pm

Casa wrote:If you apply for FLR(M) by post it's unlikely you'll be asked for your attendance record.

Ah yes, very true. Good advice there Casa.

OP, most likely you won't be slapped with any kind of ban.

njoy1987 · Post by **njoy1987** » Fri Dec 03, 2010 10:24 pm

People keep saying by post they wont ask :/

Post by **Casa** » Sat Dec 04, 2010 10:01 am

It may well be picked up that you've been working over the permitted hours though. It still may be wise to return to your home country and apply for a Spouse settlement visa from there. Form VAF4a. You would need to be completely honest in any application made to re-enter as spouse and you shouldn't be subject to a ban.
Which Nationality do you have? You may be subject to the new English test before applying for both Spouse entry and FLR(M).

njoy1987 · Post by **njoy1987** » Sat Dec 04, 2010 12:50 pm

Thanks for ur replies so far,

When does the 320 7c exemption apply then when they can still refuse my flr(m) ? Can I appeal against this decision I have no ties with my home country?

ElenaW · Post by **ElenaW** » Sat Dec 04, 2010 2:32 pm

njoy1987 wrote:Thanks for ur replies so far,

When does the 320 7c exemption apply then when they can still refuse my flr(m) ? Can I appeal against this decision I have no ties with my home country?

There was a person who posted on here a few months ago who got his flr(m) rejected after breaching his visa conditions (over worked)and he was also not attending uni. He was not allowed an appeal. He went back to his home country and easily obtained a spousal visa entry clearance. That's why we're advising you to apply from your home country.

njoy1987 · Post by **njoy1987** » Sun Dec 05, 2010 7:05 pm

Casa wrote:It may well be picked up that you've been working over the permitted hours though. It still may be wise to return to your home country and apply for a Spouse settlement visa from there. Form VAF4a. You would need to be completely honest in any application made to re-enter as spouse and you shouldn't be subject to a ban.
Which Nationality do you have? You may be subject to the new English test before applying for both Spouse entry and FLR(M).

I am Pakistani, I have IELTS passed in 2006 overall 9.5

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Student to Spouse!

Student to Spouse!