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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a foreign student who wants to change visa

Customer Question

i am a foreign student who got married in the UK to a british citizen, what do i need to do to change my visa from a student visa to a spouse visa


I am 21 and my wife is 19.

Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Thanks for your reply.

In order to switch to a spouses visa you would have to apply using form FLR (M) to the UKBA.

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other (marriage certificate)
• 2. Your wife is present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. 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)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)
• You are not in breach the immigration rules (ie. you have observed the terms and conditions of your student visa).

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your wife’s employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• Evidence that you can speak English:
• You should also include job adverts showing jobs available that you could do (if you are to work) when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles

You will note from the above criteria that there is a requirement that both of you are over 21 years of age. There has recently been a supreme court judgement ruling that this criteria is unlawful to the extent that it conflicts with Article 8 Rights of family and private life. The criteria is still listed on the UKBA’s website, so you should probably wait until such time as the UKBA removes the criteria. So I would check the UKBA website periodically to see when it is removed. Once it has been removed you will be able to confidently apply. Until that time you should remain in compliance with the terms of your student visa.
It would be best for either a solicitor in the UK to prepare it in consultation with both you and your husband before submitting it to ensure the best possible chance of success upon determination by the UKBA.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

The spouse visa will be granted for a period of 27 months. You can apply for indefinite leave to remain once you have been on the spouse visa for 24 months. 12 months later you can apply to be naturalised as a UK citizen provided she has not spent a lot of time outside the UK during the 36 months total.

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Kind regards,

Customer: replied 5 years ago.
i thought that both didn't need to be 21 anymore and that it was 18 now?
Expert:  Thomas replied 5 years ago.
Refer to the paragraph immediately below the document list I have included about.

That is what the Supreme Court has ruled (only last week), but it is not yet known whether the UKBA will appeal the decision to the European Court of Justice. You should keep an eye on the news/UKBA website as to whether they shall appeal. It will be announced soon.

If they don't appeal then they will amend the Immigration Rules immiediately. You could then apply.

If they do appeal then you will have no option but to wait until the case is determine at the ECJ. This can take years unforunately.

Trust this clarifies, please click accept.

Kind regards,

Expert:  Thomas replied 5 years ago.
I note you have not clicked accept to my answer. Is there any further information you require?
If you do not click accept then your deposit simply stays with the website and I receive absolutely no credit for the time I have taken to answer your question. Only when you click accept does a portion of your deposit actually transfer to me and you will not be charged any further money simply by clicking accept.
Please click accept. I cannot work for free.
Expert:  Thomas replied 5 years ago.

I have answered your question
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