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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am in the uk on a student visa till aug 2011 from Bangladesh.

Resolved Question:

I am in the uk on a student visa till aug 2011 from Bangladesh. If a stay in the uk after my visa has expired then later get registered married, will the ukba/home office allow me to stay now or tell me to go back to bangladesh first, then get my husband to do all the paperwork before i can come back?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

HI,

 

If you overstay your student visa, marry in this country the UKBA will ask that you return to your home country to submit your spouses visa application.They will reject the application as soon as they realise you are an overstayer.

 

Persons who have overstayed there visas and wish to make in-country applications for spouses visas are only those in exceptional circumstances. This would be something like the person is required to stay in country in order to tend day to day care to their ill spouse, or perhaps because day to day care of the children is required.

 

In pretty much all other cases they will reject the application, keep the fee and ask that you return.

 

The overstay, in and of itself, is not grounds for the UKBA to reject an application made out of country however and if the application is otherwise eligible then they will not be able to refuse on this basis alone.

There is nothing stopping a person going to a solicitor before leaving the country in order to ask that they prepare the out of country application though.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

My course finishes in April but my student visa expires in Aug. If i stop attending my course and the college removes my name from the register, but before my visa expires my husband registers the marriage and applies for my extended stay, will the goverment allow me to stay or tell me to go back to bangladesh and do all the necessary paperwork and then come back?

Expert:  Thomas replied 3 years ago.

I would continue to observe your responsibilities under the student visa (ie. attend college). If your student visa is valid until AUgust then you can marry and make an in country application for a spouses visa at any time until the expiry of your student visa.

 

The moment your student visa has expired though they will ask that you return home to make the application from there.

 

Hope this clarifies.

 

Kind regards

 

Tom

Customer: replied 3 years ago.
Sorry tom but are you sure because my husband dont want me to go college any more but he sais he will register the marriage and do all other paperwork before my visa expires. They wont reject my application to stay because i stopped attending my course will they? I just need to be sure
Expert:  Thomas replied 3 years ago.

Yes, they might do that. You college as your sponsor is obligated to tell the UKBA if you stop attending because your visa is only granted on the basis that your wish to be a genuine student.

 

You should explain to your husband that if the college does this then your visa will be curtailed and they could deport you. Get your spouses visa arranged first, then you may stop going to college. If you do not do it in that order you are putting your right to legally remain in this country in jeopardy.

 

Tom

Customer: replied 3 years ago.
sorry i dont understand why you are telling me to get my spouses visa arranges first, he is already a british citizen
Expert:  Thomas replied 3 years ago.

You are on a student visa. If this expires in August then you will have to return home unless you get married to your boyfriend (a UK citizen) and then submit a spouses visa before your student visa expires in August.

 

If you do not attend college your college may inform the UKBA that you are not attending and therefore not fulfilling your responsibilities under the student visa. The UKBA may then curtail (ie. revoke) your visa and attempt to deport you.

 

Therefore, you should continue to fulfill your student visa responsibilities until you have applied for and obtained your spouses visa.


Tom

Thomas, Solicitor
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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