student visa to spouse visa

Hello To all,


Its my first time here and I hope someone can help me or give me a good advice.. I am currently on a student visa (Tier 4) valid until July 2012, my problem is my school has been suspended from the home office for months now, I never enrolled to a new school because our school said that they are still fighting for their license to be back.

I am currently in a relationship with a British passport holder originally from my home country, and we are scheduled to get married on the 25th of June. Will there be a possibility that I will get refused because my school has been suspended for long time and I did not enroll for a new one? my visa is still valid till july 2012.

I have never breached any rules and I follow the limitations of my visa specially on working hours, I just work 12 hours which I am allowed to make 20.

We have the sufficient funds, she is financially stable earning atleast GBP 50,000 PA, relationship is genuine, we have photos together, calls of almost 1hour each day since last year.

What I am afraid of is my current immigration status... Is it okey to apply through premium service (Public enquiry) or by post. I am thinking to get a solicitor but they say they will charge me 2500? should I go to my home country to apply?

I hope to hear any advice... thank you...


Alex

Have you continued on studying?

vinny wrote:Have you continued on studying?

Unfortunately no, since my school told me that due to the conditions of their license, classes were cancelled? i just stayed home.. =( is that bad?

It's possible to switch (by post) after marriage, before leave expires. A1 test required, if you're not exempted.

thank you...

However, it's not guaranteed.

But perhaps you could argue, if asked, that you could not have attended because the college didn't provide the classes.

Appeal, if refused.

i know there is no guarantee... but still thanks for your response...

Wouldn't it be easier to just apply from your home country? Then it doesn't matter if you haven't attended classes. Everything else for a spouse visa in your case is solid. No need for lengthy appeals and such that way.

£2500 for a solicitor, thats crazy. Which solicitors have you seen? Which country are you from?

ElenaW wrote:Wouldn't it be easier to just apply from your home country? Then it doesn't matter if you haven't attended classes. Everything else for a spouse visa in your case is solid. No need for lengthy appeals and such that way.

I don't see how it would be easier in this case for the OP to apply from his home country - the same rules will apply. The OP has current leave that does not appear to have been curtailed, he is not therefore asking for leave outside the rules. If UKBA decide to refuse on the grounds that he breached the terms of his previous visa they are no less likely to do so if he applies from outside the UK than if he applies from inside.

If he is refused it means he is stuck outside the UK. He is better of applying from within the UK and being honest about why he has not been studying.

OP I would not advise applying in person- as you are unlikely to get a same day decision as your case is not straightforward. why did you not try to find another tier 4 sponsor? for how long have you not been studying?

£2500 for an FLR(M) application is ridiculous. I suggest you look around for a more reasonably priced solicitor. More money does not necessarily mean better quality.

**edited to correct typo

I believe Greenie means 'I would advise applying by post'. It is always safer to apply by post when studying hasn't been continued.

Casa wrote:I believe Greenie means 'I would advise applying by post'. It is always safer to apply by post when studying hasn't been continued.

sorry yes I do mean that! thanks Casa

Greenie wrote:

ElenaW wrote:Wouldn't it be easier to just apply from your home country? Then it doesn't matter if you haven't attended classes. Everything else for a spouse visa in your case is solid. No need for lengthy appeals and such that way.

I don't see how it would be easier in this case for the OP to apply from his home country - the same rules will apply. The OP has current leave that does not appear to have been curtailed, he is not therefore asking for leave outside the rules. If UKBA decide to refuse on the grounds that he breached the terms of his previous visa they are no less likely to do so if he applies from outside the UK than if he applies from inside.

If he is refused it means he is stuck outside the UK. He is better of applying from within the UK and being honest about why he has not been studying.

OP I would not advise applying in person- as you are unlikely to get a same day decision as your case is not straightforward. why did you not try to find another tier 4 sponsor? for how long have you not been studying?

£2500 for an FLR(M) application is ridiculous. I suggest you look around for a more reasonably priced solicitor. More money does not necessarily mean better quality.

**edited to correct typo

Hi thank y'all for replyin, i didnt try to look for another tier 4 sponsor because my school had been promising that they were workin for their license to be back. School is closed, i mean no class eversince, the school itself advised us not to come to school due to their status, I waited for several weeks to months. my gf has been very supportive, she said that we'll just get married.. I also thought of transferin, but i realized it would just cost more money, or wastin it if we eventually got married and apply for another visa.

Would it be wrong if I will try to apply for PEO, i found a solicitor and they charge cheaper 800. Because im afraid the application will take long if we lodge by post.. we are planning to visit Dubai for our honeymoon, If it is possible on August..

Again, thanks for all your advise...

i think you are wasting your money applying at the PEO. If they can't make a decision on the day your case will take as long as it would've done if you had applied by post.

You're here to study. If your institution closed down then the UKBA may say you should have found somewhere else to study when it became clear they would not reopen, you are currently in breach of the terms of your visa and therefore your case is not straightforward.

How long have you known your girlfriend and how long have you been in a relationship? UKBA will want evidence that the relationship is genuine and not a marriage of convenience - they are more likely to think this in your circumstances unless you have strong evidence to prove your relationship is genuine.

we have known each other for like 3 years, we have loads proofs, pictures, phone conv everyday.. jointed accounts, ill go to post application the n..

Greenie, of course it would be easier if he applied from his home country. He wouldn't need to explain why he was not attending college/uni! Be rest assured that just because his visa was not curtailed, does not mean that he was not an overstayer. He sure was and was in major breach of his one main visa condition which is obviously to study!

OP, it will be very likely that when you apply for flr(m) they will ask of proof that you have been studying. You won't have this. So they will most likely refuse you. We've had numerous people on this forum being refused in your same situation with and without solicitors. You'll most likely just waste your money but good luck with whatever you choose.

I believe that Zhou held that non-attendance was not in breach of the old student rules. Wonder if this is also applicable under Tier 4?

In some cases when the application has been made by post, the evidence of continued study isn't requested...which is why legal reps advise postal submission. The OP's situation is slightly different from simple 'non attendance' as he was waiting for the college's registration to be re-instated.
Also many applications are refused due to the student not continuing their studies as they're overworking the permitted hours.
Vinny's point is a valid one.

Yes I'm aware of that judgement. But I'm also aware that they do very often check for attendence records even through the post now. Also, appeals can take a whole year to sort out. I would personally not want to bother with all that if there would be no problems for me if I applied from my home country.

ElenaW wrote:Yes I'm aware of that judgement. But I'm also aware that they do very often check for attendence records even through the post now. Also, appeals can take a whole year to sort out. I would personally not want to bother with all that if there would be no problems for me if I applied from my home country.

i don't understand why you think that he won't have the same problems if he applies from his home country. His conduct in the UK will still be relevant. He doesn't have a better chance of succeeding if he applies from abroad and the appeal process from abroad takes even longer. In the meantime he'll be separated from his wife.

ElenaW wrote:Greenie, of course it would be easier if he applied from his home country. He wouldn't need to explain why he was not attending college/uni! Be rest assured that just because his visa was not curtailed, does not mean that he was not an overstayer. He sure was and was in major breach of his one main visa condition which is obviously to study!

OP, it will be very likely that when you apply for flr(m) they will ask of proof that you have been studying. You won't have this. So they will most likely refuse you. We've had numerous people on this forum being refused in your same situation with and without solicitors. You'll most likely just waste your money but good luck with whatever you choose.

If his visa has not been curtailed then he is not an overstayer.

The fact he had a visa for a suspended institution is just as likely to be flagged up if he applies from abroad.

Greenie wrote:

ElenaW wrote:Yes I'm aware of that judgement. But I'm also aware that they do very often check for attendence records even through the post now. Also, appeals can take a whole year to sort out. I would personally not want to bother with all that if there would be no problems for me if I applied from my home country.

i don't understand why you think that he won't have the same problems if he applies from his home country. His conduct in the UK will still be relevant. He doesn't have a better chance of succeeding if he applies from abroad and the appeal process from abroad takes even longer. In the meantime he'll be separated from his wife.

Because if he applies for a spouse visa, his attendence will be irrelevant as he doesn't need to send in any proof in regards to being a student or having met his student conditions. I've known 100's of applicants that have done this in his same situation and 95% of the ones who applied from abroad had no trouble. The other 5% were lacking in fiances and such other things having to do with spouse visas only. Their tier 4 status did not hold them back. However the ones who tried through flr(m) were mostly refused.

Also, even though he was not working over 20 hours, he shouldn't have been working if he wasn't attending any colleges/unis. It's on him to transfer to a genuine university or college even if it's not his fault that his current college was not genuine. These things will all go against him. A good solicitor is pretty much mandatory if he decides to apply from the UK.

Please tell me what is the best thing to do now? Im really so worried.. i dont want to be separated from her... It is really my plan to get a solicitor.. i am thinking if I will look for another school, still when the visa runs out a
again we will get separated.. When i go back home, i'm so afraid what will happen there, what if they refuse me.. I will definitely regret I left... Guys do you think its the best idea to have a solicitor? Please help... this issue is the reason why i have these sleepless nights.. Who cares my drama but i trully dont want to be away from her..Elena, please tell me I can apply within UK, i dont mind how much it would cost to find a good solicitor, any chance please???

greatxander wrote:Please tell me what is the best thing to do now? Im really so worried.. i dont want to be separated from her... It is really my plan to get a solicitor.. i am thinking if I will look for another school, still when the visa runs out a
again we will get separated.. When i go back home, i'm so afraid what will happen there, what if they refuse me.. I will definitely regret I left... Guys do you think its the best idea to have a solicitor? Please help... this issue is the reason why i have these sleepless nights.. Who cares my drama but i trully dont want to be away from her..Elena, please tell me I can apply within UK, i dont mind how much it would cost to find a good solicitor, any chance please???

Yes you can apply in the uk but you may get refused and asked to apply from your home country (most likely). So that's why I suggested applying from there in the first place. Yes good idea, get a solicitor.

ElenaW wrote:

greatxander wrote:Please tell me what is the best thing to do now? Im really so worried.. i dont want to be separated from her... It is really my plan to get a solicitor.. i am thinking if I will look for another school, still when the visa runs out a
again we will get separated.. When i go back home, i'm so afraid what will happen there, what if they refuse me.. I will definitely regret I left... Guys do you think its the best idea to have a solicitor? Please help... this issue is the reason why i have these sleepless nights.. Who cares my drama but i trully dont want to be away from her..Elena, please tell me I can apply within UK, i dont mind how much it would cost to find a good solicitor, any chance please???

Yes you can apply in the uk but you may get refused and asked to apply from your home country (most likely). So that's why I suggested applying from there in the first place. Yes good idea, get a solicitor.

I am sorry to keep persisting on this ElenaW but I don't understand why you are saying that he will have any better chance from abroad - he won't. As long as he still have leave to remain then he can apply from within the UK. He is not an overstayer unless his leave has been curtailed, which as far as we know, he is not.

This is not a case where they will say you don't meet the rules, apply from outside the UK. If they want to refuse him because he has not been studying they will do so whether he is inside or outside the UK.

OP - I suggest you seek legal advice.