student visa to spouse visa

Post by **vinny** » Mon May 23, 2011 11:48 am

There is a worry that non-attendance may be considered as a breach of the immigration rules. This would be contrary to 284(iv). However, if Zhou is still applicable, then non-attendance shouldn't be considered as a breach.

ElenaW · Post by **ElenaW** » Mon May 23, 2011 12:45 pm

Greenie wrote:
I am sorry to keep persisting on this ElenaW but I don't understand why you are saying that he will have any better chance from abroad - he won't. As long as he still have leave to remain then he can apply from within the UK. He is not an overstayer unless his leave has been curtailed, which as far as we know, he is not.

This is not a case where they will say you don't meet the rules, apply from outside the UK. If they want to refuse him because he has not been studying they will do so whether he is inside or outside the UK.

OP - I suggest you seek legal advice.

I'm not sure why this is being argued so much. There is proof on this very forum that while attendance is not grounds for refusal, ECO's do use this reason. And just to answer your question, they don't look into attendance when applying for a spousal visa from abroad.

Vinny while I do know about this judgement, it's not rare for non-attendance to be a reason for refusal especially when combined with over working and such. I CBA looking back to see if the OP was over working. Btw, I can't remember if this judgement is the same as the one I read but I believe it was only okay that the applicant wasn't attending because he was still passing his course and moving forward in his studies. It's clear that the OP has been doing NO studying in any way, shape or form.

Kitty · Post by **Kitty** » Mon May 23, 2011 1:44 pm

To the OP, is the college's licence still suspended, or has it actually been withdrawn?

@Greenie: In general I agree that an application from inside the UK should be possible. But from outside the UK he would be applying for a spouse visa: 320(7C) comes into play and he cannot be refused for simply breaching a condition of his leave.

elv15 · Post by **elv15** » Mon May 23, 2011 1:48 pm

I agree with Greenie, while there have been a lot of pple refused because of attendance, a lot have also been issued regardless of attendance, going to home country is not always easy and can be very costly not forgetting that you can be separeted from your family for a long time, its not easy as some pple make it. OP would also have right to apeal if refused and may have a good argument. I think you must get legal assistance to map the way foward.

greatxander · Post by **greatxander** » Mon May 23, 2011 7:14 pm

thank you guys for all your ideas, i will inform you soon what will be the outcome of this application.. Again, I appreciate all your help... thanks..

Post by **Casa** » Mon May 23, 2011 8:34 pm

Hope it all goes smoothly for you Alex. Keep us updated.

greatxander · Post by **greatxander** » Thu Jul 14, 2011 12:32 am

first of all I would like to thank you all for giving your ideas and advices. I went to PEO Solihull for 12:30 appointment, me and my lovely wife was there early at 12:00, we were imediately called about 12:10 for the interview, at first I was so nervous because the lady was like pokerface, she first took our passports, did some clicks on her pc, then she told me to show my wife,s payslip, i think she only scanned less than 5 secs on my wife's payslip, then she then looked at our M. Cert, tyen finally my Ielts test report, about 15 mins she said everything is fine and your visa will be upgraded to a spouse visa valid for 2 years. She told us what will be required for ILR after 2 years. I know my prayers were answered, and I can now conclude that PEO solihull is the best. Again thanks guys...

Post by **vinny** » Thu Jul 14, 2011 3:44 am

Congratulations!

greatxander · Post by **greatxander** » Thu Jul 14, 2011 2:19 pm

thank you vinny..

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student visa to spouse visa

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