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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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morning sir/madame I am a student in the UK, i got married

Resolved Question:

morning sir/madame


I am a student in the UK, i got married to my wife in August 2009 i could not Apply for a spouse visa because she was 20yrs old at that time, now that she is 21yrs and we have been married for 19 months and am still on student visa till 2012. Can i Apply for 2yrs spouse visa or Indeffinate leave to remain.

please help me out with the Appropriate answer.

Thank's
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Please confirm that you are still on a spouses visa and have not received indefinite leave to remain yourself.


Tom

Customer: replied 3 years ago.

Am an international student here in the UK, i have a student visa till 2012

Expert:  Thomas replied 3 years ago.

Hi,

 

You can simply reply to this thread. There is no need to post your reply as a separate question.

 

If you have not received ILR then your wife will have to apply for a dependent visa on the basis of your student visa provided your course is longer than 6 months. If your course is below degree level then she will not be able to work.

 

She will need to be able to demonstrate that she has sufficient funds. If you are studying in London then she (or you) has £533.00 per month for each month of study up to a maximum of 9 months. If you are outside of London then substitute £400.00 for £533.00 above. She will have to be able to demonstrate this by documentary evidence (ie. bank records).

 

Here is the link to the relevant page on the UKBA website and you will see that the required form and guidance notes detailing all the documents you should submit are linked at the top right hand side of the page:-

http://www.ukba.homeoffice.gov.uk/studyingintheuk/adult-students/family/#

 

As a student you can only apply for ILR once you have completed 10 years in this category I'm afraid.


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.

ok..i think you did not understand my question...we are alreday married since August 2009 because she was not 21yrs at that time i could not Apply for a spouses visa, now she is 21yrs and we have been married for 19months now.

Can i Apply for indefinate leave to remain because am an international student since January 2005 and i still have a valid student visa till July 2012 or do i have to Apply for a 2yrs spouses visa.

 

Thank's

Expert:  Thomas replied 3 years ago.

Spouses visa are only for spouses of person in the UK who are UK citizen or have indefinite leave to remain.

 

You do not have this. You have a student visa and your wife cannot therefore apply for a spouses visa. Instead she must apply in the above mentioned way for a dependent's visa on the strength of your student visa.


I trust his clarifies, if so please click accept.


Kind regards,

 

Tom

Customer: replied 3 years ago.
yes, my wife is a british citizen.
Customer: replied 3 years ago.

My wife is UK citizen and we got married here in the UK also i we have the marriage certificate.

Thank's

Expert:  Thomas replied 3 years ago.

Right, I see.

 

In order to apply for a spouses visa you must meet the following eligibility criteria. You must show that:-

 

  • 1. That you are legally married to each other (marriage certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are not in breach of the immigration rules (your visa)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. Your wife is present and settled in the UK (eg. Passport, proof of accommodation)
  • 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 7. You can support each other without the need for public funds (bank statements, evidence of income)
  • 8. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 9. That neither of you are younger than 21 years of age. (birth certificates, passports)

You will see that I have put suggestions of the documents you should submit for each criteria in brackets.

 

You will need to apply for settlement (ie. spouses visa) by using form FLR (M) Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

It would be best for an immigration solicitor to prepare it on your behalf. They should charge around £500-750 + Vat for this and you can find solicitors in your area by using the following search engine:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If this has been 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

Expert:  Thomas replied 3 years ago.

Hi,


Is there any further information you require?

 

If you do not click accept then your money simply stays with Just Answer and I do not receive any credit for my time or efforts. Only when you click accept does a portion of the money you have paid actually transfer to me.

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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