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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am an American currently living and working in Devon,

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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?

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 6 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

 

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 6 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?

 

Yes, that's correct.

 

Hope this clarifies, if so please click accept.


Kind regards,


Tom

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