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changing from student to spouse visa

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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doesnotcompute
Member
Posts: 206
Joined: Wed Apr 22, 2009 9:12 pm

changing from student to spouse visa

Post by doesnotcompute » Wed Apr 22, 2009 10:06 pm

Hi,

I'm an Irish-born Irish citizen, and my partner is a Peruvian national. We're both residing together in the UK (she's on a student visa that expires in March 2010). We are about to submit our application for a Certificate of Approval from the Home Office for marriage in the UK.

After we get married, what paperwork does she has to complete to change her student visa to a spouse visa (as she will be the spouse of an EU national)?

I've read around the internet, and I think she needs to complete a FLR(M) to convert from a student visa to a spouse visa. Is this correct?

Many thanks

dnc
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vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 23, 2009 12:00 am

If you are an Irish-born Irish citizen, then after marriage, I believe she will have a choice of either switching to FLR(M) (285) or applying for a residence card on form EEA2.
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doesnotcompute
Member
Posts: 206
Joined: Wed Apr 22, 2009 9:12 pm

Post by doesnotcompute » Thu Apr 23, 2009 1:46 am

Hi vinny,

Thank you very very much for the prompt and informative response.

It is our intention to settle in the Republic of Ireland in Sept 2010 or Sept 2011 (depending on whether or not my work contract in the UK is extended for an extra year). We do not intend to settle in the UK. Also, by the time we get married, she will be just short of the "must have permission to be in the UK for more than six months" requirement that the UK Spouse Visa places on her.

All this leads me to the conclusion that she should apply for the 2nd option (EEA Family Member/Residence Card). This would incidentally be the cheapest solution (apparently no fee, compared to at least £395 postal fee for UK Spouse Visa). Also no invasive interviews or financial/accommadation review by the Home Office. The following is also interesting to note:

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5.4 The non EEA family members’ entitlement to remain in the UK exists under European law, irrespective of when the application for a family permit or residence document is made and irrespective of the Home Office delay in issuing the documents. We consider that it is an automatic entitlement and the application to the Home Office is simply a request for evidence of these rights.
Thank you again for the information.

Regards

dnc
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