Student visa to Spouse visa help - rejection likely

[darbatross]

Hi everyone. I hope this is the right place to post this - any advice would be incredibly appreciated! I am doing everything I can to make this work, even though everything seems to be going wrong with it so far.

In short, I am looking for advice regarding my spouse visa application(s). We are expecting it to get rejected, basically, and trying to plan accordingly.

So here's the background:
I'm American, my husband is Scottish. We were married in October in Scotland. I was advised by citizen's advice to wait to apply for the spouse visa until we received the marriage certificate, so we waited.
My husband lost his job the week after our wedding and has been unemployed since. He starts a new job in January.
I am here on a Tier 4 student visa that expires on 11 Jan. I can work full time until a decision is made about a pending visa application.
I will start a job with the NHS (entry level admin, will not sponsor me) in January. (We both received offers in November, but neither position will start until Jan.)
Essentially, we meet the minimum income requirement if they look November - November. If they look December - December, we are about a month's wages short.

Thanks to the incredible generosity of his parents, we are planning to go ahead and submit the application anyway. I can't afford to fly back to the US, find a place to live for 10 months, find a job and car and insurance - we're trying to keep me here as long as possible. Since getting approved is already incredibly difficult, we're trying to plan as if we expect it to get rejected.

That means we should expect a rejection in 3-6 months, which allows us both to work. If it takes long enough, we can reapply before that rejection comes with new salary documentation. If it doesn't, I will have to leave until he has been in his position 6 months and we can reapply.

So, my questions:
1. If/when the application gets rejected, do I have to leave the country immediately?
2. Would a resubmission let me stay or would I still have to leave?
3. If I can stay, would the tier 4 visa terms still apply (would I be able to work)?
4. Would the first failed application make the second one less likely to be approved?

Any other thoughts on this are welcome!
Darby

[nemo999]

Sorry not so sure about the 4 questions but please check with UKVI if they allow another application while one is already being considered. (you may be asked to withdraw the earlier one?, I dont know)

[seagul]

Hi everyone. I hope this is the right place to post this - any advice would be incredibly appreciated! I am doing everything I can to make this work, even though everything seems to be going wrong with it so far.

In short, I am looking for advice regarding my spouse visa application(s). We are expecting it to get rejected, basically, and trying to plan accordingly.

So here's the background:
I'm American, my husband is Scottish. We were married in October in Scotland. I was advised by citizen's advice to wait to apply for the spouse visa until we received the marriage certificate, so we waited.
My husband lost his job the week after our wedding and has been unemployed since. He starts a new job in January.
I am here on a Tier 4 student visa that expires on 11 Jan. I can work full time until a decision is made about a pending visa application.
I will start a job with the NHS (entry level admin, will not sponsor me) in January. (We both received offers in November, but neither position will start until Jan.)
Essentially, we meet the minimum income requirement if they look November - November. If they look December - December, we are about a month's wages short.

Thanks to the incredible generosity of his parents, we are planning to go ahead and submit the application anyway. I can't afford to fly back to the US, find a place to live for 10 months, find a job and car and insurance - we're trying to keep me here as long as possible. Since getting approved is already incredibly difficult, we're trying to plan as if we expect it to get rejected.

That means we should expect a rejection in 3-6 months, which allows us both to work. If it takes long enough, we can reapply before that rejection comes with new salary documentation. If it doesn't, I will have to leave until he has been in his position 6 months and we can reapply.

So, my questions:
1. If/when the application gets rejected, do I have to leave the country immediately?
2. Would a resubmission let me stay or would I still have to leave?
3. If I can stay, would the tier 4 visa terms still apply (would I be able to work)?
4. Would the first failed application make the second one less likely to be approved?

Any other thoughts on this are welcome!
Darby

1. No. You can submit in country appeal
2. You can legally stay until you gets exhausted all appeal rights
3. Yes. Section 3c will keep continue all tier 4 conditions. Remember you can't work fulltime.
4. No each application is processed on its own merit.

Note: you can't work fulltime until you will get your spouse visa. If your sponsor was employed until the date of application and was earning sufficiently then you maybe fine.

[darbatross]

Thank you so much! That's really helpful!