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Bringing Spouse on Student Visa HELP!!

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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baz86
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Bringing Spouse on Student Visa HELP!!

Post by baz86 » Sun Jan 09, 2011 2:16 pm

Hi All,

I am getting married in March 2011 after being engaged for Two Years (YAY!! :) ) and at the time she will be 19 and this year she will turn 20 so as I know I can't apply for her to come here on a Spouse Visa but was wondering if there would be any possibility that she would be permitted to come here on a Student Visa with me as the sponsor? (I am 24 years old).

If it is possible, would that cause any issues after her course and visa expires to get her changed to a spouse visa?

With regards to the marriage visa, I will have all the application and marriage proof ready, but just wondered if I am able to bring her here to carry on her studies still as my wife but on a student visa?

Many thanks in advance,

baz

kkj
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Post by kkj » Sun Jan 09, 2011 3:03 pm

Intentinally removed!
Last edited by kkj on Sun Jan 09, 2011 3:38 pm, edited 1 time in total.
**********************************************************
My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

baz86
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Post by baz86 » Sun Jan 09, 2011 3:15 pm

thanks for your reply kkj,

Does this mean that even if she is under 21 years of age I can still bring her here via a Dependant Visa?

I am a British Citizen so would it be possible to bring her here this year as a dependant visa or does it have to be in conjunction with a student visa?

How long would the dependant visa give her permission to remain in the uk? because my plan is that nearer the time she becomes 21 which will be in August 2012 we will apply for a Spouse Visa. So I am looking for some advice as what is the best way to bring her here before that on valid terms (either as a dependant or on student Visa)

Even if she is able to come on any other visa apart from a student one, she will be studying (if permitted by that visa)

please let me know, many thanks

baz

kkj
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Post by kkj » Sun Jan 09, 2011 3:23 pm

Sorry, its Tier 4 forum!
Last edited by kkj on Sun Jan 09, 2011 3:37 pm, edited 1 time in total.
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Greenie
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Post by Greenie » Sun Jan 09, 2011 3:35 pm

The OP is British so PBS dependent rules are not relevent.

kkj
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Post by kkj » Sun Jan 09, 2011 3:40 pm

Yeh, I know it now!
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My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

geriatrix
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Re: Bringing Spouse on Student Visa HELP!!

Post by geriatrix » Sun Jan 09, 2011 4:43 pm

baz86 wrote:if there would be any possibility that she would be permitted to come here on a Student Visa with me as the sponsor?
If she qualifies, she may apply for entry clearance as a Tier 4 migrant. Read the policy guidance to understand who is eligible to provide financial support to a potential Tier 4 (General) migrant.

Depending on the duration of Tier 4 (student) leave to enter she is granted and her age at the time of (spouse) application, your spouse-to-be may be able to switch to spouse of settled person / British citizen from within the UK.

baz86
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Post by baz86 » Mon Jan 10, 2011 7:17 pm

thanks for all your replies!!

I wanted to also ask if, for example, a course was to start in September, if she applied in April would the student have a start date of straight away once its been approved, or would it start like a month before the start date of the course?

geriatrix
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Post by geriatrix » Tue Jan 11, 2011 5:11 am


baz86
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Post by baz86 » Tue Jan 11, 2011 7:16 pm

thank you sushdmehta and kkj for your responses!

I wanted to ask, i will be getting married early march 2011 and will probably be applying for my wifes student visa in may/june time. In your opinion, do you think the fact we got married only a short time before applying for a student visa would cause us any issues in the application process?

ElenaW
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Post by ElenaW » Wed Jan 12, 2011 10:43 am

baz86 wrote:thank you sushdmehta and kkj for your responses!

I wanted to ask, i will be getting married early march 2011 and will probably be applying for my wifes student visa in may/june time. In your opinion, do you think the fact we got married only a short time before applying for a student visa would cause us any issues in the application process?
No the marriage doesn't matter when it comes to her applying for tier 4. She will get this visa on her own merit and relationship status doesn't matter.
I tell it like it is.

baz86
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Post by baz86 » Fri Jan 14, 2011 6:41 pm

Thank you Elena!

Does anyone know if there are any minimum requirements in terms of grades/marks/qualifications to apply for a student visa from India?

My fiancee got has passed her 10th (avg 71%) and 12th (avg 55%) standard and since her 12th standard has been doing a NIIT course for which she will get a "DIPLOMA in ICT".

The slight issue is that if she finishes the course during the second semester now she will get the Diploma. But if she carries on the third semester (Mid-Jan to around September) she will get a Higher Diploma but there's a chance that she won't be able to complete that semester as we will be applying for the student visa for UK (hence won't get the higher diplima certificate)

Does anyone have any advice or thoughts on this? What I wanted to know is that if they will give her the visa based on marks or course and qualifications.

Thanks!

baz

kkj
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Post by kkj » Fri Jan 14, 2011 7:17 pm

I think relationship will affect as finacial sponsor must be parents or a legal guardian. For legal guardian, a legal/court document is needed to proof guardianship.

So, if girl will apply Tier 4 visa with own or parents financial documents before marriage it will be normal and I hope everything will be fine. She will get Tier 4 student visa and come to UK where she will get married and apply for spouse visa as normaly students do who get married in UK.

But, if you want to become financial sponsor for your wife Tier 4 visa you need to proof your guardianship which may be a marriage certificate. But the matter will get complicated here. A girl who just married to a british national guy and rather then applying normal spouse visa she is trying to get student visa on husband's financial documents to get entery to UK?

My advice is do not make the matter complicated. You should talk to a good immigration lawyer as matter is sensative and related to your life partner who is ONE in billions for you. Rather then playing tricky games with UKBA, apply for visa as per your real intention. There is some ways to bring your over 18 life partner in UK which can be explained better by an immigration lawyer according to the case circumstances.
Last edited by kkj on Fri Jan 14, 2011 7:23 pm, edited 1 time in total.
**********************************************************
My advice is for guidance only, if you want the law then consult a lawyer!**********************************************************

Greenie
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Post by Greenie » Fri Jan 14, 2011 7:19 pm

The visa is tied to the course and institution she chooses. academic and eng lang requirements requirements vary according to the course and institution so you/your fiance need to look at courses and instutions she is interested in. Currently you can study below degre level although there arw min standards for english. All of this is subject to change. You need to read through the tier 4 policy guidance to make sure you understand rules.

baz86
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Post by baz86 » Sat Jan 15, 2011 6:59 pm

kkj wrote:I think relationship will affect as finacial sponsor must be parents or a legal guardian. For legal guardian, a legal/court document is needed to proof guardianship.

So, if girl will apply Tier 4 visa with own or parents financial documents before marriage it will be normal and I hope everything will be fine. She will get Tier 4 student visa and come to UK where she will get married and apply for spouse visa as normaly students do who get married in UK.

But, if you want to become financial sponsor for your wife Tier 4 visa you need to proof your guardianship which may be a marriage certificate. But the matter will get complicated here. A girl who just married to a british national guy and rather then applying normal spouse visa she is trying to get student visa on husband's financial documents to get entery to UK?

My advice is do not make the matter complicated. You should talk to a good immigration lawyer as matter is sensative and related to your life partner who is ONE in billions for you. Rather then playing tricky games with UKBA, apply for visa as per your real intention. There is some ways to bring your over 18 life partner in UK which can be explained better by an immigration lawyer according to the case circumstances.
Thanks for your post....is anyone else able to confirm whether the fact we will be getting married before applying for the visa will cause an issue or not? Because she does have genuine ambitions to finish off her course here and go all the way through university.

Any thoughts / advice would be much appreciated.

Thanks

baz

Greenie
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Post by Greenie » Sat Jan 15, 2011 7:39 pm

Yes I agree with kkj that your wife applying for a student visa could cause problems. If you decide to make the application it would be a good idea to seek advice first.

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