ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Just Married. Advice on Visa Status changes appreciated

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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

Locked
gimli
Newly Registered
Posts: 26
Joined: Wed Apr 02, 2008 5:51 pm
Wales

Just Married. Advice on Visa Status changes appreciated

Post by gimli » Tue Dec 23, 2008 12:12 pm

Hi All

We have recently just got married and before anything else, thanks to everyone off this board who advised us on getting my wife's student visa application processed. This board is simply priceless so thanks again.

So. as mentioned we have recently married, i am a British citizen and my wife is from the USA. She has been in the UK since August 2007 studying on a 2 Year Student visa which expires October 2009.

We were married last week in church so no application for COA was required and we have multiple copies of the marriage certificate as recommended by many people on this board.

What is the next step for us now, do we apply directly for a spouse visa or is it better to wait until the student visa is closer to expiration?

Also, how does this work, is there a limit she has to wait before she can achieve ILR and how long before she can apply for citizenship.

One other incidental question if anyone can help...

She has been a US Citizen for 13 years and tends to travel mainly on the US passport, the student visa is also in the US passport but she was born in Hong Kong in 1971. She has no Hong Kong SARS passport but does hold a full Hong Kong ID. If she becomes a UK Citizen in the future, does she have to surrender any of these nationalities?

Well thanks again for answers and advice and I wish you all a very happy christmas and a prosperous new year

Gimli

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Dec 23, 2008 2:09 pm

What is the next step for us now, do we apply directly for a spouse visa or is it better to wait until the student visa is closer to expiration?
The next step is to apply for a 2-year spouse visa using form FLR(M).

It is best to make the application in the near future, for a couple of reasons :-
  • the sooner the spouse visa is in her passport, the sooner she will be able to apply for ILR nearly 2 years later
  • when she is here on a spouse visa, as compared to a student visa, she is legally able to work as many hours as she wants. That is the 20 hour term-time limit will no longer apply to her, and also if she is away from college/university for a few weeks for any reason, there is no danger of her visa getting cancelled.
John

gimli
Newly Registered
Posts: 26
Joined: Wed Apr 02, 2008 5:51 pm
Wales

Post by gimli » Tue Dec 23, 2008 3:29 pm

he sooner the spouse visa is in her passport.....
Thanks John for the reply.

My Wife's US passport also expires in December 2009 so I hope that this will not be an added complication.

We intend to return to the US for a month this summer to visit family, what is the normal time scale of obtaining the spouse visa and I assume that it will replace her student one in the passport. If a passport needs to be renewed do any visas automatically get transfered to the new passport or do we have to apply again for permissions etc

Again, thank you so much for the advice

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 8:34 pm

Post by paulp » Tue Dec 23, 2008 4:05 pm

The spouse visa shouldn't take till Summer. It will superced her student one, that's correct.

The visa will still be valid after the passport expires. Carry both old passport and new together, unless you want to pay the home office to transfer them over (Form NTLTOC).

gimli
Newly Registered
Posts: 26
Joined: Wed Apr 02, 2008 5:51 pm
Wales

Post by gimli » Tue Dec 23, 2008 4:25 pm

Again, thanks PaulP

Do you know if she can renew the US passport here from within the UK and likewise with the spouse Visa. The student one was applied for in New York while she was living in the US.

Thanks again

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Dec 23, 2008 6:40 pm

gimli, have you looked at the form FLR(M)? If so it will be obvious that the application on that form will be made in the UK!

As regards the expiring US passport, as has already been said, after that has expired, she can carry the old (now current) passport with the visa, and also the new one.
John

gimli
Newly Registered
Posts: 26
Joined: Wed Apr 02, 2008 5:51 pm
Wales

Post by gimli » Tue Dec 23, 2008 7:05 pm

Sorry, back and forward to the pc when I get a chance, dont have the time to be on it for long periods.... Just checked the FLR(M) form and yes, pretty straight forward. Only sticking point I see for us is that it asks for proof of letters etc over last two years to show we have been living at the same address. Bit difficult as she only came to the UK August 07. We have mail from that point on. That would be obvious from the visa in her current passport right. Is this going to be an issue?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Dec 23, 2008 7:21 pm

Only sticking point I see for us is that it asks for proof of letters etc over last two years to show we have been living at the same address.
For someone applying for a spouse visa ..... no it doesn't! The form, as designed by UKBA, is multi-purpose, and could also be used by someone applying for an unmarried partner visa, which does have a 2-year requirement.

You need to pick out the bits of the form that will apply to your wife (as she will be) .... and ignore the rest of the form.
John

gimli
Newly Registered
Posts: 26
Joined: Wed Apr 02, 2008 5:51 pm
Wales

Post by gimli » Tue Dec 23, 2008 7:36 pm

OK Thanks for all the help, just need to work on her request for my US stuff now. A little more arduous i'm sure.

Will let you know how we get on and if anything crops up or helps anyone else, will post here
Cheers all and have a great Christmas.

If I think of anything else I will post here rather than starting another thread

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 8:34 pm

Post by paulp » Tue Dec 23, 2008 10:09 pm

Yes, post back here. All your info will be in one place.

drjabberwocky23
Senior Member
Posts: 541
Joined: Wed Jan 09, 2008 10:08 pm

Re: Just Married. Advice on Visa Status changes appreciated

Post by drjabberwocky23 » Wed Dec 24, 2008 8:47 am

gimli wrote:Hi All

One other incidental question if anyone can help...

She has been a US Citizen for 13 years and tends to travel mainly on the US passport, the student visa is also in the US passport but she was born in Hong Kong in 1971. She has no Hong Kong SARS passport but does hold a full Hong Kong ID. If she becomes a UK Citizen in the future, does she have to surrender any of these nationalities?

Well thanks again for answers and advice and I wish you all a very happy christmas and a prosperous new year

Gimli
Gimli,

First of all - congratulations on getting hitched (or should it be commiserations? :wink: ) !

With respect to this particular part of your question, I believe that she will be able to retain her US Nationality alongside her British one (when she obtains this). The Hong Kong ID Card is not a marker of nationality per se, but is a marker of reidence and gives the bearer the right of abode in Hong Kong. As a result, acquiring other citizenships does not impinge on one's rights as a Hong Kong resident, and she should be allowed to retain this.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Dec 24, 2008 9:55 am

gimli wrote: just need to work on her request for my US stuff now. A little more arduous i'm sure.
Sorry, don't understand, what we you referring to?
John

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 8:29 pm
Australia

Re: Just Married. Advice on Visa Status changes appreciated

Post by JAJ » Mon Dec 29, 2008 6:01 am

gimli wrote: She has been a US Citizen for 13 years and tends to travel mainly on the US passport, the student visa is also in the US passport but she was born in Hong Kong in 1971. She has no Hong Kong SARS passport but does hold a full Hong Kong ID. If she becomes a UK Citizen in the future, does she have to surrender any of these nationalities?
Hong Kong - contact the HK Immigration Department: http://www.immd.gov.hk

US: not a problem http://www.richw.org/dualcit/

Incidentally, did she obtain a British National (Overseas) passport before 1997? If so, it might simplify her pathway to British citizenship once she has ILR.

Locked
cron