Spouse visa - 6 month requirement

[SteveW]

Hi,

I'm planning to marry my girlfriend in a couple months (we've given notification and have our marriage date). She is currently in the UK on a student visa and we'd like to change to a spouse visa without her needing to leave the country. Her student visa is around 18 months long, and ends in February.

I'm confused by the UKBA website on this, and from what I've heard other people say.

Details are on this page: http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

(that isnt working right now but google cached version is here: Link )

It mentions "you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK"

We won't have 6 months REMAINING on the visa when we apply, does this matter? Is that statement only concerned with the total length of the visa?

Many Thanks

[Lucapooka]

The no switching rules refers only to those that have visas that were originally granted for six months or less. It's not a reference to having six months of leave remaining when you apply. All visit visas fall into that category, but if she was granted a student visa it would have been for more than six months so she is fine to switch from that if there is time remaining on that leave when she applies.

[salman k]

Appreciate your response, does really help but would like to clarify a few things.........i understand that i could apply from Pakistan itself, but as things have been from here in Pakistan, many applications are rejected, visit or settlement, and that too fro people who have a very strong background and history of travelling to the UK.

For the last few years the applications are not processed in Pakistan but have been going to Abu Dhabi, that is when many refusals have happened, i know of a few cases personally, and as i said my wife wants to really go straight away, as things are quite bad here, also she strongly feels that she can get a decent job when she gets to the UK.

What i would like to clarify that the 3 year discretionary visa that can be issued, while being within UK, can one be working during that time i would understand, also how long would such an application take to process and how actually to go about it.

[Lucapooka]

Please continue in the other thread
http://www.immigrationboards.com/viewtopic.php?t=85611