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Maya86 · Post by **Maya86** » Thu Jun 09, 2011 8:08 pm

Hello,

Me and my boyfriend have been together since last year. He is on Student Visa and his course was to end in November 2011 and his Visa was till Feb 2012. But now his course is going to end at the end of July beginning of Aug. We intend to get married (registry) in the beginning of July. He has a part-time job and I have a part-time job. After marriage we were going to stay at his friend's house (for free) till we get our own place. I will be going full-time in the next week or so.

My questions are:

-Will his Visa collapse if his course ends sooner,
-Can we still get married and apply for a spouse visa?
-And will our income be sufficient as we have no savings.
Thank you

Post by **John** » Thu Jun 09, 2011 10:25 pm

You tell us nothing about yourself! Are you British? If not, EEA? If not, what is your UK immigration status?

Post by **Casa** » Thu Jun 09, 2011 10:28 pm

He can apply to switch to spouse on form FLR(M) after the wedding while his visa is still valid. Although you may not have a problem if he applies for this by post if his course has ended, it would be safer to apply while he is still continuing with his studies. If he were to apply in person at a PEO for the extension visa he would be likely to have his application refused if he wasn't attending the course.
To meet the financial side of the application you will need to show that you have a minimum of Â£105.95 remaining weekly after paying rent, council tax and any loan/credit repayments. If you are living rent free in a friend's house they will have to show that the accommodation won't be overcrowded with you living there and a copy of the mortgage agreement if they own the property, or a letter from the landlord agreeing to you living there if the property is rented.
Your husband will need to check whether he has to pass the A1 English test before applying for FLR(M).
I'm assuming that you have British Citizenship or settled status and that you are both over the age of 21.

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 9:24 am

Thank you for your help.

Yes I am a British Citizen. Everything you have said makes sense but if his visa is till Feb 2012, will it collapse if his studies end sooner? Because if that is the case we won't have sufficient time to apply for spouse visa.

Post by **John** » Fri Jun 10, 2011 9:50 am

Because if that is the case we won't have sufficient time to apply for spouse visa.

Why? You tell us the two of you are getting married "the beginning of July", and the needed spouse visa can be applied for as soon as the marriage has happened. No need to wait until near the end of his current visa.

Have the two of you given the needed "Notice of Intention to Marry" at the Register Office? If not, suggest the two of you get down to the Register Office without delay.

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 10:00 am

Does he have to come with me to the registry office? As he is in London and I am in Leeds.

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 10:01 am

Also I only recently started my job as I was a student so won't have 3 months payslips or bankstatements to prove I have a regular income.

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 10:06 am

Will his Visa collapse if his course ends sooner?

Post by **John** » Fri Jun 10, 2011 10:52 am

Does he have to come with me to the registry office? As he is in London and I am in Leeds.

Yes i believe so, both of you need to attend, but see the link below. Where are the two of you planning to get married? Leeds? London? Or where?

I appreciate that it is highly unlikely that the marriage will be in Birmingham, but nevertheless this webpage will be useful to guide you as to procedure. Relevant Register Offices might have their own webpages.

As you are currently living many miles apart, clearly in different Register Office districts, you will each go to the Register Office in the place where you each live, to give the needed "Notice of Intention to Marry". But note :-

If you choose to marry in a Register Office outside your area of residence, you must give notice of your marriage usually in the district where you live. However first, you must contact the Register Office for the district where you wish the marriage to take place to ensure that you may be married on the date you have chosen.

So if, for example, the marriage is to be in Leeds, suggest you go to the Register Office first, give your notice, and also book a slot in their diary for the wedding. Then after that, without delay, your fiancÃ© goes to his local Register Office in London, armed with the booking information you obtained when you went to Leeds Register Office.

Or if the wedding is going to be in London, he would go first, notify you of necessary information, then you would go to your Register Office.

Will his Visa collapse if his course ends sooner?

I think irrelevant as the spouse visa will have been applied for. A student will always have 4 months grace to leave the UK after their course has ended. So no problem.

Also I only recently started my job as I was a student so won't have 3 months payslips or bankstatements to prove I have a regular income.

The financial test is to show that he will not need to claim certain Public Funds. As long as that is clear from the evidence supplied there should not be a problem. Can I ask, roughly how much will you be earning, after "I will be going full-time in the next week or so."?

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 11:11 am

Thank you ever so much John,

After I go full-time I will be earning approx Â£950 a month before tax. He is earning around Â£545 a month.

So even when his course ends he can stay here for 4 months, but of course we would have applied for spouse visa by then.

I will go to the registry office today and when I have booked, I will ask him to do the same.

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 3:26 pm

I have got an appointment for notice of marriage for the 20th of July. They said I and my boyfriend both need to be there and he doesn't need to go to his own city's registry office.

Post by **John** » Fri Jun 10, 2011 3:33 pm

I find that very strange, given the same legislation is clearly in force in both Birmingham and Leeds. The Birmingham website is clearly saying he needs to go to his local Register Office.

It might be an idea if your fiancÃ© contacts his local Register Office and asks .... I am getting married at Leeds Register Office on 20th July, where do I need to give my Notice of Intention to Marry, at your office or at Leeds Register Office?

So have you given your Notice of Intention to Marry?

Maya86 · Post by **Maya86** » Fri Jun 10, 2011 8:39 pm

Yes I have made an appointment, they have asked us to come down bring the paper work and then after 16 days we can marry. Can we marry at the registery office or do we have to find our own venue?

I did call the London office and they said the same thing.

Post by **John** » Sat Jun 11, 2011 10:12 am

Can we marry at the registery office or do we have to find our own venue?

You can get married there at the Register Office, or find somewhere else, but elsewhere will tend to be much more expensive.

I have just re-read what you posted. Arrh, the appointment on 20th July is just to give the Notice of Intention to Marry. Register Offices are very busy at the moment, given the CoA requirement has been abolished by the Home Office.

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