Tier 4 Visa holder married to a British permanent resident

Hi,

I am currently a Tier 4 visa holder, expired Dec 2015 and I recently got married to my husband last year May 2014 who is a permanent resident in the UK (a Malaysian national) who grew up here. My husband is currently a student and I am just wondering what sort of visa/other things that I could apply in order to remain to stay in the UK with my husband. I first came to the UK in August 2008 as a Tier 2 for 5 years, and changed to tier 4 in July 2013.

Many thanks for your help.

August 2008 as a Tier 2 for 5 years

So why did you not apply for ILR at that time??

If you want to apply on the basis of your marriage, you will need to meet the requirements, financial requirements and English A1. This application will reset your clock to zero to qualify after another 5 years for ILR (unless you meet 10 years residence first)

https://www.gov.uk/government/uploads/s ... _11-14.pdf

https://www.gov.uk/government/uploads/s ... _11-14.pdf

Thank you so much for your input, that's very helpful.
I couldn't apply for ILR after 5 years of tier 2 because I was here for five years as a student and not working , I don't think they would've granted me ILR at that point.

So is the link that you gave me an application for a spouse visa ? How easy is it to get and how long does the visa last for?

I graduated two years ago in July 2013 and been working since. So I've only been working for one and a half year. Other than spouse visa , is there any other options I could choose? I don't think I could apply for ILR because I've only been working and paying tax for less than two years. I thought you have to work for five years at least to apply for

Many thanks for your help, really appreciate it.

Thank you so much for your input, that's very helpful.
I couldn't apply for ILR after 5 years of tier 2 because I was here for five years as a student and not working , I don't think they would've granted me ILR at that point.

So is the link that you gave me an application for a spouse visa ? How easy is it to get and how long does the visa last for?

I graduated two years ago in July 2013 and been working since. So I've only been working for one and a half year. Other than spouse visa , is there any other options I could choose? I don't think I could apply for ILR because I've only been working and paying tax for less than two years. I thought you have to work for five years at least to apply for

Many thanks for your help, really appreciate it.

hippopotamus wrote:Thank you so much for your input, that's very helpful.
I couldn't apply for ILR after 5 years of tier 2 because I was here for five years as a student and not working .

How were you living in the UK under Tier 2 but not working?

Possibly the visa system was a bit different at that time . My visa was called tier 2 student visa

You couldn't find that sort of visa nowadays. I think I was the last batch to apply for it, but then it got changed after my year.

hippopotamus wrote:Possibly the visa system was a bit different at that time . My visa was called tier 2 student visa

There was never any such visa. If you applied for a student visa before Tier 4 was introduced on 31 March 2009, it was a just a "student visa".

Tier 2 replaced work permits from 27 November 2008.

I am currently a Tier 4 visa holder

Does this permit you to work??

Yes, FLR(M) is for a spouse visa and you have to meet the financial and English requirements.

Switching to FLR(M) is a new 5 year route to ILR (or 10 years long residence if you reach that sooner, i.e. 2018).

Initial visa is granted for 2.5 years after which you will need to apply for an extension on FLR(M) for a further 2.5 years before you qualify for ILR with 5 years residence. Residence that you have already completed cannot be counted towards the FLR(M) 5 years and can only be used for ILR 10 years long residence applications.

ILR is granted on 5 years residence not employment, unless on a Tier 2 or Tier 1 work visa.

Thank you for your reply.

Maybe my student visa wasn't tier 2 , I don't know why I thought it was called tier 2 student visa. Maybe it was just a student visa- I must've got it wrong.

But yes now for some reason all foreign foundation doctors hold tier 4 which is a student visa but actually we're allowed to work, well I even work more than 40 hours a week and can do an extra 20 hours if I want.

I could try and apply the spouse visa but my husband is a student and he's still getting his income from student finance, which is less than 20000 a year. Is it me or my husband who has to meet the financial requirement ? I don't plan to continue working next year ( just taking a year off) so I can't apply a working visa

If you switch in the UK, you can use both incomes to meet the requirement. The requirement is £18,600pa if there are no children.

Thank you so much for your help . You've been very grateful so far.

So does that mean we need to provide both of out bank statements or do we have to create a joint account when applying for the spouse visa. Sorry if it seems like a stupid question, just to be sure.

Many thanks

@ hippopotamus, you have the option to either apply through the 5yrs spouse visa route if you and your partner meet the earning requirement of £18600 or you can go through the 10yrs FLR(FP) route if you don't meet the earning/financial requirement.

FLR(FP) will also work yes.

Please do click on the links to the form and guidance I have provided, it lists what the requirements are and no, it does not have to be a joint bank account.

Thank you both of you so very much.

I have looked at the requirements for FLR (M)
But can someone explain to me in plain terms what is the difference between FLR(M) and FLR (FP)

And one more question ,
If I apply for FLR (M) that means I get to stay till 2020. Would it be possible for me to apply ILR in 2018 instead because at that time I've lived in the uk for 10 years already.

I really appreciate your kindness

for me to apply ILR in 2018 instead because at that time I've lived in the uk for 10 years already.

Yes you can provided you meet all the requirements.

difference between FLR(M) and FLR (FP)

FLR(M) is 5 years and you need to meet the financial requirement.
FLR(FP) is a 10 year route and it is possible that you do not need to meet the requirements.

Can I know what is the difference between FLR (M) and this :

https://www.gov.uk/government/uploads/s ... Routes.pdf

They're both 5 years arent they, why are they different?

It is an application based on ECHR Article 8 - right to private life. You would still need to meet the financial requirement with this one.

Perhaps one of the other mods could explain it better as I am not 100% familiar with this route. It would also be easier if it is asked in the Family Immigration forum rather than Tier 4, so I will move it for you.