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Marriage Visa: Applicant visa remaining length please?

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

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V1olet
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Joined: Thu Sep 18, 2014 10:12 am

Marriage Visa: Applicant visa remaining length please?

Post by V1olet » Thu Sep 18, 2014 10:25 am

Dear Helpful Forumites,

I am going to get married with my fiance in the next few weeks. I am British citizen. We'll need to apply for a spouse visa in order for him to remain in the UK with me after marriage. He's currently on a student visa valid for 18 months but has only less than 4 months left on it.

I'm assuming we can get the marriage certificates by the end of October, which leaves him with 2.5 months on his student visa. And we are going for the 'premium' one day spouse visa service (assuming this appointment will be fairly straightforward to book).

My questions are:
1. Does that sound like a reasonable time frame to get his spouse visa in time in your experience?
2. Is there any restrictions on how long the applicant must have got left on his current visa before he applies for the spouse visa? I.e. is 4 months considered too short to be applying the spouse visa by the Entry Clearance guys?

Many thanks for your help in advance!

V1olet

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Marriage Visa: Applicant visa remaining length please?

Post by Casa » Thu Sep 18, 2014 10:44 am

He will retain his legal status while the application is being decided as long as he submits the FLR(M) application before his current visa expires. Ensure you submit strong evidence of your relationship as applications to switch to spouse close to a visa expiry date tend to come under extra scrutiny.
Also make sure you meet the financial condition of £18,600 per annum minimum earnings and that he has English language A1 level unless he has a degree taught in English or is exempt due to nationality. You also need to show you have adequate accommodation available and that you intend to/or are living together.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

V1olet
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Joined: Thu Sep 18, 2014 10:12 am

Re: Marriage Visa: Applicant visa remaining length please?

Post by V1olet » Thu Sep 18, 2014 1:48 pm

Thank you Casa for the prompt reply! :D

He's done a masters in English on his student visa. I guess we'll just need to submit the certificate for that with the application as proof of English?

Is the further leave to remain visa the same as the spouse visa?

Thanks!

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Marriage Visa: Applicant visa remaining length please?

Post by MPH80 » Thu Sep 18, 2014 2:06 pm

V1olet wrote: Is the further leave to remain visa the same as the spouse visa?
Technically no ... in practicality for you and your bf yes.

Further Leave to Remain is the visa granted if you are inside the UK. A spouse visa (or entry clearance) would be granted outside the UK. Both result in the same situation - a multiple entry visa because of his marriage to you which he'll have to extend in 2.5 years.

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