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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a UK citizen. My partner is Lebanese and has been in the

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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?
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.

Customer: 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: 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.

I will answer at 9bst


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.

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Kind regards,

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