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spouse settlement visa - husband intends to study

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jlolololo
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Joined: Fri Jun 24, 2011 5:59 pm
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spouse settlement visa - husband intends to study

Post by jlolololo » Sat Jun 25, 2011 11:35 am

Hello,

My husband has been offered a place on an MSc course in the UK. My husband is a non EEA national, and I am a joint UK/Irish national. We have been married for almost three years, and living in Africa, with our son, who is also a joint UK/Irish national.

The advice i have received so far is that it makes more sense for him to apply for a settlement visa as my spouse, than to apply for a student visa. We would struggle to meet the terms of the student visa application, as our savings are in a UK bank account in my name only (obviously my husband isn't eligible to hold a UK bank account), and the student visa guidance specifies that the funds should be in the applicant's name, or in the applicant's parents' names.

I have a number of questions:

1. My husband holds a five year UK visit visa (expiring in 2016). If we decide to go down the settlement visa route, should we apply for settlement from our current location, or can we travel to the UK and apply there?

2. Will there be questions raised about why my husband isn't applying for a student visa if he's intending to study? Would this be grounds for refusal?

3. We honestly don't know at this stage if we intend to settle permanently in the UK. Does this make applying for a settlement visa a fraudulent act?

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: spouse settlement visa - husband intends to study

Post by Greenie » Sat Jun 25, 2011 12:34 pm

jlolololo wrote:Hello,

My husband has been offered a place on an MSc course in the UK. My husband is a non EEA national, and I am a joint UK/Irish national. We have been married for almost three years, and living in Africa, with our son, who is also a joint UK/Irish national.

The advice i have received so far is that it makes more sense for him to apply for a settlement visa as my spouse, than to apply for a student visa. We would struggle to meet the terms of the student visa application, as our savings are in a UK bank account in my name only (obviously my husband isn't eligible to hold a UK bank account), and the student visa guidance specifies that the funds should be in the applicant's name, or in the applicant's parents' names.

I have a number of questions:

1. My husband holds a five year UK visit visa (expiring in 2016). If we decide to go down the settlement visa route, should we apply for settlement from our current location, or can we travel to the UK and apply there?

2. Will there be questions raised about why my husband isn't applying for a student visa if he's intending to study? Would this be grounds for refusal?

3. We honestly don't know at this stage if we intend to settle permanently in the UK. Does this make applying for a settlement visa a fraudulent act?
1. He can't switch from a visit visa to spouse visa. He needs to apply from Sudan

2. No he is free to work or study as he pleases on a spouse visa.

3. No. The rules require you to demonstrate an intention to live together permanently not to live together in the UK permanently. If you and your husband decide after living in the uk for a while that you prefer the sudan then thats your prerogative.

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