Student to spouse visa question

Hi Everyone.

I can't afford a solicitor so hoping i can get some advice here.

I'm in a gay relationship for a year with my bf from malaysia who a student in the uk.
His visa runs out on end of Feb this year and we are scheduled to be married on the 2nd of Feb this year.
We didn't understand the requirements and complexity and now we are running out of time)

I have read online that you need 6 months to switch to any visa and this would mean he doesnt have enough time left on his current visa in order to switch.

I have been advised its best to cancel the marriage ( already paid for), he goes home to malaysia and he applies for a fiance visa first, then we get married and apply the spouse visa.
I meet the financial requirements of the visa.

Could we apply from within the UK after we are married(2nd feb) and he can leave to paris for a day and return on a tourist on a visiting visa while the application is in progress ( if we submit this on the 2nd feb)?
The fee is a lot of money and its going to cripple us, we cant afford to lose the fee on basis of the above.

The other issue is that his parents dont know he is gay, so by leaving and going back home, it would be hard for him to return and he would have no reason to tell him parents to fund his return as he finished his masters.

He currently shares the rent from his savings as we live in London together, so if he goes home he would still need to pay the rent in the uk and we would be apart for however long the application takes.

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

I have read online that you need 6 months to switch to any visa and this would mean he doesnt have enough time left on his current visa in order to switch.

I think you may have misunderstood. In order to switch visa types, you generally have to be in the UK on a visa with a validity period longer than 6 months (i.e. not a visitor visa). So this following opinion may depend on the exact type of visa he is here on already.

"You can extend or switch at any time before your current permission to stay in the UK expires."
https://www.gov.uk/uk-family-visa

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

Could we apply from within the UK after we are married(2nd feb) and he can leave to paris for a day and return on a tourist on a visiting visa while the application is in progress ( if we submit this on the 2nd feb)?

No, he cannot leave the UK after the application has been submitted as this would result in the application being withdrawn. Provided a valid application for further leave to remain is made before his current visa expires, his leave to remain would be extended by section 3C of the Immigration Act 1971. No need for him to leave the UK.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

I have been advised its best to cancel the marriage ( already paid for), he goes home to malaysia and he applies for a fiance visa first, then we get married and apply the spouse visa.
I meet the financial requirements of the visa.

Interesting advice. You would be eligible to apply for a spouse visa as soon as you were married, which sounds like it will be before his current visa expires.

Also can add that we currently live together but he isn't on the contract, he we have joint bills in our name.
I live in a 2 bedroom apartment and he shares my room, but do to HBO multiple occupancy rules in zone one London, he can't be on the contact (3 people in a 2 bedroom house) The landlord needs to pay a expesive licence. I don't know if they will affect anything, he moved in after his student accommodation expired.

geoeng wrote: ↑

Mon Jan 06, 2020 11:38 am

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

I have read online that you need 6 months to switch to any visa and this would mean he doesnt have enough time left on his current visa in order to switch.

I think you may have misunderstood. In order to switch visa types, you generally have to be in the UK on a visa with a validity period longer than 6 months (i.e. not a visitor visa). So this following opinion may depend on the exact type of visa he is here on already.

"You can extend or switch at any time before your current permission to stay in the UK expires."
https://www.gov.uk/uk-family-visa

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

Could we apply from within the UK after we are married(2nd feb) and he can leave to paris for a day and return on a tourist on a visiting visa while the application is in progress ( if we submit this on the 2nd feb)?

No, he cannot leave the UK after the application has been submitted as this would result in the application being withdrawn. Provided a valid application for further leave to remain is made before his current visa expires, his leave to remain would be extended by section 3C of the Immigration Act 1971. No need for him to leave the UK.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

davidinnes wrote: ↑

Mon Jan 06, 2020 11:14 am

I have been advised its best to cancel the marriage ( already paid for), he goes home to malaysia and he applies for a fiance visa first, then we get married and apply the spouse visa.
I meet the financial requirements of the visa.

Interesting advice. You would be eligible to apply for a spouse visa as soon as you were married, which sounds like it will be before his current visa expires.

Oh this is interesting.
So he wont get in trouble for staying in the uk while the application is in progress, even tho his t4 student visa will expire within the processing time?

So as soon as we marry on the 2nd Feb, apply for the application and await for the response?

Is there anything else i should be aware of when submitting the application? Should i tell them the situation or the less they know the better?

Also can i ask, reading the link you sent me

"https://www.gov.uk/uk-family-visa"
There is a fee of £1,033

Your situation Apply outside the UK Apply in the UK
Joining your partner, parent or child £1,523 £1,033


So he would be on a uk family visa for £1,033
Then we have to apply for the spouse visa and the fee is around £3000, do we need to pay this on top, total 4k?

Would my partner be able to find work on this family visa in the UK, the fees are so expensive?

davidinnes wrote: ↑

Mon Jan 06, 2020 11:46 am

Oh this is interesting.
So he wont get in trouble for staying in the uk while the application is in progress, even tho his t4 student visa will expire within the processing time?

No trouble if a valid, in-time application is submitted.

davidinnes wrote: ↑

Mon Jan 06, 2020 11:46 am

Should i tell them the situation or the less they know the better?

Generally best to be open about any situation and not try to hide things.

davidinnes wrote: ↑

Mon Jan 06, 2020 11:40 am

Also can add that we currently live together but he isn't on the contract, he we have joint bills in our name.
I live in a 2 bedroom apartment and he shares my room, but do to HBO multiple occupancy rules in zone one London, he can't be on the contact (3 people in a 2 bedroom house) The landlord needs to pay a expesive licence. I don't know if they will affect anything, he moved in after his student accommodation expired.

Guidance on adequate accommodation and overcrowding in the link below. You would need a letter from the landlord (typically called an NOC letter) stating there is no objection to your spouse staying with you.
https://assets.publishing.service.gov.u ... x_1_7A.pdf

davidinnes wrote: ↑

Mon Jan 06, 2020 11:57 am

So he would be on a uk family visa for £1,033
Then we have to apply for the spouse visa and the fee is around £3000, do we need to pay this on top, total 4k?

Would my partner be able to find work on this family visa in the UK, the fees are so expensive?

Spouse visa is just a type of family visa. Fees would be £1,033 for an application within the UK plus the IHS fee, which is £1000 pounds for the 30 month visa. Yes, work is permitted on this visa.

I should also step back a bit and say that this all assumes the Home Office has already been informed of the planned marriage as part of the marriage planning/notification process, which is something I don't know much about.

Ah thank you for that information, the fees are allot less.

We have notified of married and they said they have not decided to investiage and we have the date booked in now.

The document you highlights another issue. We currently share a room but he isn't paying council tax yet as students don't pay this. I need to say to my landlord and ask if he can move in officially as my landlord doesn't know he is staying with me, if he is denied he will have to get addition accommodation I guess? Hopefully my landlord approves so we can pay start paying council tax and be put on the rental documents so we can prove accommodation letter.

One of the requirements for a spouse visa is that "the applicant and their partner must intend to live together permanently in the UK", so you need to have suitable accommodation for both of you to live together.