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I am a UK citizen. My partner is Lebanese and has been in the

UK on a student visa...
I am a UK citizen. My partner is Lebanese and has been in the UK on a student visa while following a full time course. His visa is valid until 2014 - conditional on being enrolled in a full time course. We are forming a Civil Partnership later this month and then wish to change his visa to a partner visa to allow him to remain with me in the UK. We have already engaged legal help to process this new visa.

We are unsure of exactly what his status is while the process is ongoing. His visa states it is valid until 2014, but he has completed his studies and is not enrolled in a further course.

Is he legally resident here until the decision to grant ( or not grant) a discretionary leave to remain visa is completed?

Can he exit and re-enter the country (for a vacation) on the visa he currently has?
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Answered in 2 hours by:
7/8/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. When did he complete his studies
2. What academic level of studies did he just complete
Kind regards.

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago
1. He completed studies 29 June 2012 but has not yet received final grades or certificate.
2 it was Higher National Diploma. Level 5 or 6, need to check.
Customer reply replied 5 years ago
1. He completed studies at the end of June 2012 but has not received his final grades or certificate yet. This will be in August.
2. His course was a level 5 Higher National Diploma (BTEC) in business studies.
Hi

I will answer at 9bst

Tom
Ask Your Own UK Immigration Law Question
Hi

Thanks for your patience.

If he only finished his course that recently then his status will remain unaffected for the time being.

If you form your civil partnership in this month then apply to switch to a spouse visa then this will also be permitted. The length of time that he has not been studying could not be taken as a breach of the immigration rules, particularly since he is still awaiting his results and won’t get these until August.

This being the case I would certainly suggest going to see a local solicitor to ensure that you meet the eligibility criteria in terms of being able to support/accommodate yourselves without the need to access public funds and that you meet the new salary threshold.

They will also be able to draft/prepare your application form (FLR(M)) and supporting documents so that the application is approved without the need to appeal any rejection.

I have assumed for the purpose of this answer that you as the UK based spouse are either a UK citizen or foreign national holding Indefinite Leave To Remain.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
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