How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6373
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi, I am an American currently living and working in Devon,

Resolved Question:

Hi, I am an American currently living and working in Devon, England on a Tier 1 post study visa. My visa still has a month remaining. I am getting married to a British citizen on February 9th, 2011. I was granted my Certificate of Approval to be married and we have given notice at the Exeter Registrar. We are set legally for our marriage. I am preparing my FLR (M) application to extend my stay as a partner of a person present and settled in the UK and for a biometric document. My application is fairly straight forward. I have all the appropriate documents, I don't take benefits or have a criminal record ect. I know there are no guarantees, but will there be any obvious problems with switching from my Tier1 post study visa to this new spouse visa?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Are there any specific areas of concern that you have with your application?

 

Have you checked the eligibility criteria and are you confident of being able to support your eligibility by submitting appropriate documentary evidence?


Tom

Customer: replied 3 years ago.

Yes, I have looked through all the pages of the UK Border Agency and I can see nothing that tells me I am not allowed to apply for the spouse/partner visa whilst currently living in England on a Tier 1 post study visa. I may be paranoid, I guess I just wanted to see in clear writing that I am allowed to transtion from the one visa to the other, if my application is successful.

I have followed all the guidelines on the husbands, wives and partners section. My supporting documents are all accounted for and I feel the application is strong. I am sending it off before my current visa expires, so that I may continue to work and live in England legally whilst the decision is being made.

I guess I just want to know the transition is possible.

For example I have not come here to get married. I have been living here and working here under the Tier 1 visa scheme. I would like to know if from that visa scheme it is possible to transition to a spouse visa, if my application is up to standard of course. That the act of transitioning from the one to the other is allowed. They often explain Tier 1 post study visas transitioned into other Tier visas, but not marriage visas. I just wanted to be sure, I am allowed to apply for this partner/spouse visa.

Does that make sense?

Many thanks,

Emily

 

Expert:  Thomas replied 3 years ago.

Hi Emily,

 

Switching from a Tier 1 to a spouses visa is permitted provided you were given more than 6 months leave to remain in the UK since your last entry to the UK (which I assume to be under your Tier 1 visa and therefore that you meet this criteria).

 

You can check it here:-

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/#header2

 

Provided you have submitted to the supporting documents in the correct form, there are no other defects in your application and you submit it before your current visa expires then you should be successful. You may wish to take your application to local immigration solicitor to ask them to check it for you before submission. This should cost in the region of £350.00 +VAT and they will highly any areas of specific concern and suggest appropriate additions to give you the best possible chance of success without the need to appeal.

 

If the UKBA reject your initial application then you will be able to appeal to an immigration tribunal in front of an immigration judge (rather than an immigration official of the UKBA). You can produce new evidence on appeal and evidence generally gets a fairer hearing. If you do have to appeal I would strongly suggest that you instruct a solicitor to act on your behalf who, in turn, would instruct a barrister to act on the day.


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


Kind regards,

Tom

Customer: replied 3 years ago.

Thanks this is helpful, and confirms what I was thinking. Yes, with a Tier 1 post study visa I have been given 2 years to live and work in England. So, that is what they mean by giving me more than 6 months leave to remaim...yes?

 

Expert:  Thomas replied 3 years ago.

Yes, that's correct.

 

Hope this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice