from student visa to spouse visa but insufficiant proof of

nancy2011 · Post by **nancy2011** » Wed Mar 02, 2011 3:48 pm

can anyone help? my husband has applied for a sposes visa in january this year and we were asked to provide additional documents. one of which was proof of his studies and any certificates he has obtained. we have been able to provide proof a living together as he is on the tenancy agreement and council tax bills however he was only able to provide one certificate from his course dated 2009 and nothing to date as he did not quite finish.

has anyone else been in this situation? do you know if he will be refused because of this?

i am very worried. he is currently unemployed and dependant completely on me (i work full time and do not claim any benefits)

your help would be beneficial.

thanks

ElenaW · Post by **ElenaW** » Wed Mar 02, 2011 8:15 pm

Is he an overstayer? You say he didn't finish, so has he just not been studying as of 2009?

nancy2011 · Post by **nancy2011** » Thu Mar 03, 2011 9:55 am

no hes not an over staying. he applied for further leave to remain on the basis of our marriage before his student visa expired.

hes paperwork is currently with the home office now and we are waiting to hear a response. but yes he did not complete his course and we learned the course directer reported to the home office that he had been removed from the course. we found this out as when he went to collect the certificate he had for the modules he did complete she refused to release them without a fee (was an arm and a leg). we have sent it to the home office but are yet to hear anything and we are a little anxious as you can immagine.

1.will the home office query the information recieved in 09 that he had been removed from the course?
2.will they ask for a letter to prove when he finished?
3. whats the likelyhood of them accepting the certificate as it is?
4. can they refuse him on the grounds of 'abusin his student visa'?

he did work but only part time and has not been working since june 2010 as he was made redundant.

we are just really worried now. hes looking for work now and ive asked him to request his passport back so that he can have proof that hes allowed to but he does not want to contact the ho, just wants to wait for them to get back to him. in the mean time im doing it all financially and emotionally.

it would be a straight foward case had he had completed his course.

we contacted a solicitor for advise and was told that we could ague medical but obviously have no proof of medical issues. another said we could argue finance but im not sure.

any suggestions please?

Post by **Greenie** » Thu Mar 03, 2011 10:20 am

When was the course supposed to finish?
When did he stop studying and why?
When did his visa expire?
When was he reported to the UKBA?

nancy2011 · Post by **nancy2011** » Thu Mar 03, 2011 10:43 am

course was supposed to finish in 2010
he was reported in 2009
he stopped studying because he could afford the fees anymore on 20hrs of work

student visa expired last month but app was submitted in jan
guess hes original sponsor changed their minds on supporting him.

Post by **Greenie** » Thu Mar 03, 2011 10:48 am

nancy2011 wrote:course was supposed to finish in 2010
he was reported in 2009
he stopped studying because he could afford the fees anymore on 20hrs of work
student visa expired last month but app was submitted in jan
guess hes original sponsor changed their minds on supporting him.

What month in 2010 was the course supposed to finish?
What month in 2009 did he stop studying?
Did he have a tier 4 visa or an old style student visa?
What do you mean his original sponsor changed their minds about supporting him?

nancy2011 · Post by **nancy2011** » Thu Mar 03, 2011 10:59 am

i guess summer 2010, not 100 % sure,
as for which student visa again, im not sure. he came on 07 if that helps...

original sponsor not supporting him as in where he was living with family originally and then leaving and having to support himself financially and paying for school fees it became too much so he was forced to drop out.

Post by **Greenie** » Thu Mar 03, 2011 11:22 am

So he has been in the UK on a student visa but has not been studying for at least a year?

Unfortunately he does risk the current application being refused because he has been here in breach of the conditions of his visa (i.e. he has not been studying).

Why didnt he apply for the spouse visa earlier? When did you get married?

nancy2011 · Post by **nancy2011** » Thu Mar 03, 2011 12:49 pm

yes,

we only got married nov last year, applied for coa in sep.

ive read on here that some ppl are still granted spouse visa's despite being over stayers? surely thats some hope as in if you are an overstayer working full time you have breached almost everything...

in the worst case scenario, what would be sufficient grounds for us to appeal?

elv15 · Post by **elv15** » Thu Mar 03, 2011 1:50 pm

Yes there are many people who have been granted spouse visa despite not studing and even working full time but its risky and not garunteed. Its sounds like they already looking at yours closely. Im not sure what grounds of appeal you may have but some people bring the human rights issues like if they have kids or argue why they can't return to apply from country of origin. In most cases if successfull they then issue discretionary leave to remain. I think you should realy have used a lawyer or solicitor so you would have plan B in place in the event of a refusal. What country is he from?

nancy2011 · Post by **nancy2011** » Thu Mar 03, 2011 2:31 pm

well they havent looked at anything yet to be honest.
we sent the application initially and were asked for outstanding documents which were proof of living together, proof he could speak and understand english and proof of study. we sent tenancy agreement and council tax bill with his name on it. we sent confirmation that he has taken the english test at level a1 and we sent a copy of his certificate from when he was studying.

they have yet to respond to these documents. im just thinking ahead as in what the likelyhood of investigating futher.

we did get advice from a solicitor and was told that we'd be wasting money at this point because we dont need one. we were told to wait and see and if he is refused because they look futher and question his studies here then we should use a solicitor.

im just here to ask if anyone has been in a similar situation and can offer some advise pls.

PS, my husband is nigerian

Post by **Greenie** » Thu Mar 03, 2011 2:51 pm

i think you are not able to speculate now on the reasons for refusal and therefore the possible grounds of appeal. You need to wait now for a decision and go from there.

elv15 · Post by **elv15** » Thu Mar 03, 2011 3:53 pm

Have you been called for Biometrics? When did you apply? You may get away with it.

nancy2011 · Post by **nancy2011** » Fri Mar 04, 2011 9:10 am

Yes he was called for biometrics immediately after submitting the application form. Then he was asked to submit proof that he understands english. We thought nigeria was exempt from the test as english is their first language. Anyway he did the test and sent proof alongside with proof of where he was liviNg and a copy of his school certificate. I guess we just have to wait and see. I really hope they dont ask us to go back to apply from there as all he will do is provide the exact documents we have given. Its all really stressful and hes constantly worrying.

elv15 · Post by **elv15** » Fri Mar 04, 2011 9:31 am

Some one Correct me if im wrong but English is not the first language for Nigeria. No way. Australia, Newzealand and America yes but not Nigeria nor any other country in Africa IMAO. Hopefully he wont have to go back but if they refuse then consult a legal expert. Keep praying and God will answer your prayers. Dont ever lose hope.

nancy2011 · Post by **nancy2011** » Fri Mar 04, 2011 9:46 am

Yes he was called for biometrics immediately after submitting the application form. Then he was asked to submit proof that he understands english. We thought nigeria was exempt from the test as english is their first language. Anyway he did the test and sent proof alongside with proof of where he was liviNg and a copy of his school certificate. I guess we just have to wait and see. I really hope they dont ask us to go back to apply from there as all he will do is provide the exact documents we have given. Its all really stressful and hes constantly worrying.

nancy2011 · Post by **nancy2011** » Fri Mar 04, 2011 9:57 am

erm lmoa????

as a british nigerian i have to correct you (not that this is relivant as we are not concerned about english but this post is about my husbands studies)

'The official language of Nigeria, English, the former colonial language, was chosen to facilitate the cultural and linguistic unity of the country.' taken from wikipdeia.

you'd be suprised that some nigerians in nigeria can not even speak their native tounge as english is the first language taught in schools and they take their home language as an additional subject!

as for other countries in africa, you get places like congo where french is the first language and angola where portuguese is their first language because these countriues were once colonised by such places, so much to the point that many angolians (for example) first identify themselves as portuguese before anything else.

anyway moving on. we will continue to pray and hope for the best. thanks for the positive input everyone.

mteja · Post by **mteja** » Sat Mar 05, 2011 1:47 pm

@elv15 abit of history research might be useful...totally agree with Nancy, some African countries that were British Colony YES English is there first Language..but having said that they still need to do English Test..

Goodluck Nancy keep praying, God is forever faithful

elv15 · Post by **elv15** » Sat Mar 05, 2011 2:20 pm

Lol im from a former British Colony myself, infact we one of the last country to gain independance, maybe i had not put myself properly, English is also our first language. What i meant to say was countries which have other languages as mother tounges are definaltley not expempt from the test. Most african countries speak english, we even write cambridge exams for GCSE but are not exempt. Thats why im sure all countries in africa require the test even if we are former british colonies.

nancy2011 · Post by **nancy2011** » Fri Mar 11, 2011 1:36 pm

lol i see, well fortunately he passed the A1 test... that would have been embarassing hadhe not lol.

so we recieved a letter from teh HO this morning and just as we feared they have asked about his studies. the letter states that they were informed from the college that he stopped attending and would like detail of either a. any alternative institution he attended or b. full detail of what he was doing if he did not attend another college.

here goes... im trying to get through to a solictor but f anyone has any advice i'd be extremely greatful. quite suprisngly im not that worried.. i know that God is merciful.

looking foward to your responses

nancy2011 · Post by **nancy2011** » Fri Mar 11, 2011 1:37 pm

lol i see, well fortunately he passed the A1 test... that would have been embarassing hadhe not lol.

so we recieved a letter from teh HO this morning and just as we feared they have asked about his studies. the letter states that they were informed from the college that he stopped attending and would like detail of either a. any alternative institution he attended or b. full detail of what he was doing if he did not attend another college.

here goes... im trying to get through to a solictor but f anyone has any advice i'd be extremely greatful. quite suprisngly im not that worried.. i know that God is merciful.

looking foward to your responses

elv15 · Post by **elv15** » Fri Mar 11, 2011 7:50 pm

My advise is get a good solicitor asap, because you now need a good reason for them not to refuse you, but if they do then he would have a right to appeal and when you have a good solicitor or adviser with a good argument then you could win the appeal. Do you have good reasons on why he cant return to apply from Nigeria because if they refuse they are likely to say go apply from there in which case you would have to argue why he cant.

ElenaW · Post by **ElenaW** » Sun Mar 13, 2011 4:15 pm

Sorry but it looks like he'll be refused then they'll tell him to apply from his home country. I've seen many cases like this of college/uni drop outs trying to switch in country.

elv15 · Post by **elv15** » Tue Apr 05, 2011 12:13 am

Nancy how did you get on with your hubbys case? Keep us updated.

nancy2011 · Post by **nancy2011** » Wed May 04, 2011 10:16 am

hi, guys, sorry its been a while since i have been here.

sadly some of you were rifght and he was refused on teh grands of breaching his student visa!

he was told to go back to his home country and apply for entry clearaance. we have a good solicitor who thinks that we will win the appeal. the home office used certain grounds for refusal and suggest that i follow my husband back to his home country also. my solicitor is arguing a number of facts but one in particular being taht i have a young child in school so it would be impiossible to get up and leave as it would interupt his education and emotional well being.

we are due to meet with him soon as the court hearing is in 3 weeks time!

im so nervous. we have been on such an emotional rollercoster and its all been costing a fortune.

has anyone been to appeal before? what is the procedure? what is expected of me? do i need to speak to the judge? do you get a decsion staright away?

please pray for us.

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from student visa to spouse visa but insufficiant proof of

from student visa to spouse visa but insufficiant proof of

Re: from student visa to spouse visa but insufficiant proof