Student to Spouse Visa in UK - bad attendance record...

Tomm · Post by **Tomm** » Wed Jul 15, 2009 7:57 pm

Hello all,

Please can someone help us decide what to do?

My Filipina fiance and I have been living together for about 18 months and have just applied for a CoA so we can marry in the UK.

Her student Visa expires end of October (more than 3 months away)

After we are married we intend to apply for Flr for her before her Student Visa expires.

Our worry is that she hardly attended her course.

We will tick all the boxes for a Spouse Visa, financially, genuine relationship, marriage certificate etc however her lack of attendance is a concern.

Will we even be questioned about her college attendance at all when we apply for the Spousal Visa?

Is it best for us to apply by post or in person to give us the best chance of not being asked questions!?

IF by whatever route she IS asked the question - what is the best thing to do?

Is her lack of attendance sufficient grounds to refuse our spousal Visa? Should we be worried? Would it make any difference if she applies for a Spousal Visa from her own country?

*Dazed and Confused*

Post by **Casa** » Wed Jul 15, 2009 8:18 pm

If your fiancee applies in person to switch to spouse she will almost certainly be refused once they check her attendance record...which they will ask to see. She may get away with a postal application, but her
safest option would be to apply for a spouse visa from her home country.
It's the switching from within the UK that's the problem.
You're both over 21?

Tomm · Post by **Tomm** » Wed Jul 15, 2009 8:25 pm

I see. Thank you.

Yes we are both over 21.

How much "safer" would a postal application be from within the UK?

If she were to apply from her own country the consulate there wouldn't ask similar questions regarding her attendance?

IF we did apply by post from within the UK and she was refused, can they really keep us apart just because of an attendance record? We would be happily married!

Could she then apply again from her own country with no prejudice or is it a better option over all for her to apply from her own country?

As far as I understand it - nowhere on the spousal application does it mention anything regarding her student attendance.

Thank you!

meats · Post by **meats** » Wed Jul 15, 2009 8:29 pm

Tomm wrote:I see. Thank you.

Yes we are both over 21.

So if she applies in her own country the consulate there wouldn't ask similar questions regarding her attendance?

How much "safer" would a postal application be?

IF we did apply by post from within the UK and she was refused, can they really keep us apart just because of an attendance record? We would be happily married!

Could she then apply again from her own country with no prejudice or is it a better option over all for her to apply from her own country?

Thank you!

Well they couldn't keep you apart as she can remain an illegal but that would result in her having no real life. The best bet if for her to return home and apply. The attendance record won't be a reason for refusal in Philippines as she has returned home before the visa has expired.

Considering that overstays are not taken into consideration for spouse visas then a poor attendance and leaving before the visa expires won't be either.

It's the most inconvenient way of doing it but at the same time it is the best option and potentially the quickest one too. If she is refused in country then it could become harder if she is to return back to the Philippines. Plus, you can use it as an excuse for a nice little holiday at the same time

Lovely part of the world over there.

Tomm · Post by **Tomm** » Wed Jul 15, 2009 9:19 pm

Yes, staying illegally would not be worth it at ALL!

Thank you for that, yes it would be nice to go there for a while!

I realize that overstays are not taken into account, but if the question comes up about her previous stay in the UK she will have to say Student Visa of course - what if they ask about the course at that point? Does she just tell the truth? Will she get the Spousal Visa anyway, despite her bad attendance?

Sorry to be a pain but I am trying to put myself in her shoes for her application! Would she have to attend in person?

Thank you!

meats · Post by **meats** » Wed Jul 15, 2009 9:36 pm

Tomm wrote:Yes, staying illegally would not be worth it at ALL!

Thank you for that, yes it would be nice to go there for a while!

I realize that overstays are not taken into account, but if the question comes up about her previous stay in the UK she will have to say Student Visa of course - what if they ask about the course at that point? Does she just tell the truth? Will she get the Spousal Visa anyway, despite her bad attendance?

Sorry to be a pain but I am trying to put myself in her shoes for her application! Would she have to attend in person?

Thank you!

I'm guessing she'd have to appear, i'm in similarish position (minus the student visa) with my partner who is Vietnamese and she has to attend an interview in Hanoi.

If she gets asked then it's best to be honest. Not saying that they would, but they can still always ask for her attendance records from Manila and if she lies about it then there is a greater chance of the visa being rejected.

Has she passed the course? Or sitting the exams?

Tomm · Post by **Tomm** » Wed Jul 15, 2009 9:38 pm

hmm I see.

No, she hardly went to college at all...

If we are married and everything is above board APART from her attendance surely they can't deny her?

It's nothing to do with the spousal Visa right?

meats · Post by **meats** » Wed Jul 15, 2009 9:41 pm

Tomm wrote:hmm I see.

No, she hardly went to college at all...

If we are married and everything is above board APART from her attendance surely they can't deny her?

If she applies in the UK then yes they can and most likely will.

From the Philippines, provided that you prove that it is a geniune relationship, suitable accomodation and have enough money in the bank then it shouldn't be a problem, ie so you both won't resort to benefits etc.

Tomm · Post by **Tomm** » Wed Jul 15, 2009 9:43 pm

OK that's great., thanks!

We can tick all those other boxes.

The last thing I think we need to know is how long does it take to apply in the Philippines?

I know a friend whose gf is applying for a student Visa and it's taken over 100 working days!!!!

meats · Post by **meats** » Wed Jul 15, 2009 9:47 pm

Tomm wrote:OK that's great., thanks!

We can tick all those other boxes.

The last thing I think we need to know is how long does it take to apply in the Philippines?

I know a friend whose gf is applying for a student Visa and it's taken over 100 working days!!!!

Pass, i honestly don't know how long it takes to apply from there.

"Generally, the waiting time for the British Consulate to reach a decision on a settlement class fiancee, partner or spouse visa application can range from a few business days to several months. For example, the British Consulates in Kiev, Ukraine and Rio, Brasil can process a straightforward settlement visa application on the same day, while the British High Commission in Canberra, Australia and the Consular Section of the British Embassy in Manila, Philippines can take up to three months to process a case." http://www.marriagevisahelp.com/index.p ... ng-time-uk

That's obviously not an official response. I did see somewhere on here where it did give a more official answer to response times across the globe but i didn't save the file. I'm sure if the poster sees this he will post the link to it again. Alternatively have a look at the British Embassy in the Philippines and see if they have processing times on their website.

Tomm · Post by **Tomm** » Wed Jul 15, 2009 9:49 pm

Thank you so much for your time meats! Very kind.

If anyone else has any input I would be grateful.

Post by **Casa** » Thu Jul 16, 2009 9:15 am

I'm with Meats on this one.

joe777 · Post by **joe777** » Thu Jul 16, 2009 1:26 pm

meats wrote:
Tomm wrote:Considering that overstays are not taken into consideration for spouse visas

i thought overstaying can effect a spouse visa, its just not an automatic ban,, also if she has hardly attended her course, could the HO say she obtained her visa by deception ?

for a spouse visa from the phils btw 6-13wks..

I've been to the phils 8 times

ginoT · Post by **ginoT** » Thu Jul 16, 2009 2:12 pm

number 1 thing to do no matter what is ensure you both have the same address as each other. Get her to have bank statements sent to yours and if you can put her on any bills that would be great too. Refusing an application when you both are already living together is harder for them as it conflicts with human rights laws.

Regarding the question of whether to apply in or out country, I'm not convinced there really is a positive difference by applying abroad. I would do a postal application and give them as much proof as you can (to beef up the attached paperwork) on the genuineness of the relationship (holidays taken together, wedding docs & photos etc.., and shared bills of course). If she is here legally (which she is with a valid visa) then the only thing that matters is the genuineness of the relationship and applying on time with fee etc for the FLR(M) visa. Only when renewing a student visa do they require your attendance records. These people are trolls and all they do is check you "comply with the rules" which you do.

Applying abroad IMO is best avoided if you can. You are at the mercy of the consulate and there is no 100% guarantee you'll get the visa. ECOs are allowed to make stuff up about your relationship and reject accordingly. She might be requested to have an interview grilling and all the rest of it. Trust me, this sh*t happens & the whole attendance thing can crop up. If rejected appeals can take 9 months to get heard etc and end up being a major hassle. Oh, and spouse visa from abroad costs a good few quid more (Â£200 more I think)

Apply here via post, with loads of paperwork proving you live together and the relationship is genuine, leave out attendance record, and you'll be fine. In the exceptionally unlikely event her FLR(M) application is rejected you can fight out here at appeal and still live together + I really can't see you screwing up the appeal esp if you do the appeal yourself. Just imagine being apart for 9 months just after getting married, her stuck in asia, you over here. I've been in a similar situation and it's painful, trust me.

best of luck

Wanderer · Post by **Wanderer** » Thu Jul 16, 2009 2:56 pm

ginoT wrote:number 1 thing to do no matter what is ensure you both have the same address as each other. Get her to have bank statements sent to yours and if you can put her on any bills that would be great too. Refusing an application when you both are already living together is harder for them as it conflicts with human rights laws.

Regarding the question of whether to apply in or out country, I'm not convinced there really is a positive difference by applying abroad. I would do a postal application and give them as much proof as you can (to beef up the attached paperwork) on the genuineness of the relationship (holidays taken together, wedding docs & photos etc.., and shared bills of course). If she is here legally (which she is with a valid visa) then the only thing that matters is the genuineness of the relationship and applying on time with fee etc for the FLR(M) visa. Only when renewing a student visa do they require your attendance records. These people are trolls and all they do is check you "comply with the rules" which you do.

Applying abroad IMO is best avoided if you can. You are at the mercy of the consulate and there is no 100% guarantee you'll get the visa. ECOs are allowed to make stuff up about your relationship and reject accordingly. She might be requested to have an interview grilling and all the rest of it. Trust me, this sh*t happens & the whole attendance thing can crop up. If rejected appeals can take 9 months to get heard etc and end up being a major hassle. Oh, and spouse visa from abroad costs a good few quid more (Â£200 more I think)

Apply here via post, with loads of paperwork proving you live together and the relationship is genuine, leave out attendance record, and you'll be fine. In the exceptionally unlikely event her FLR(M) application is rejected you can fight out here at appeal and still live together + I really can't see you screwing up the appeal esp if you do the appeal yourself. Just imagine being apart for 9 months just after getting married, her stuck in asia, you over here. I've been in a similar situation and it's painful, trust me.

best of luck

Sorry Gino much as I respect you I feel u r giving the OP false hope, legally the UKBA holds all the cards on this one, the OP is illegal having not adhered to the terms of their student visa so the price has to be paid.

I know u r the stay and fight it type but the consensus here is that biting the bullet is quicker, who the in the name of god wants to live in limbo all that time?

ginoT · Post by **ginoT** » Thu Jul 16, 2009 3:05 pm

Hey Wanderer - I agree the consensus is against me on this one! And I also agree that she has broken the terms of her visa so in theory she should leave and apply for entry clearance. BUT:

1 - there is no requirement to provide school attendence records for the FLR(M) application or actively prove the current grounds for the previous visa were not broken
2 - ECOs abroad tend to use their powers of discretion to the maximum (always against you) and she also has a good chance of getting an interview which can turn out to be a nasty experience with even greater chances of requests for the attendence record.

I just don't like ya'all giving Tomm the impression it's a gonna be slam-dunk process by applying abroad coz it ain't guaranteed and if it screws up (which is possible) he & Misses are gonna be in major cr@p

I'm serious, I would apply here in the UK but yes concensus is against me on this.

Tomm - do you own research, read these posts carefully, and have a quick chat with the odd solicitor who's prepared to give you free advice. Then make an informed intelligent decision

Post by **Casa** » Thu Jul 16, 2009 4:35 pm

If the application is made in person from within the UK it will be refused, as they will ask to check the attendance records which will prove her student visa invalid.

Tomm · Post by **Tomm** » Fri Jul 17, 2009 10:10 pm

Wow. Lots of food for thought. Thank you so much for taking the time to reply in such detail.

I see where you are coming from ginoT - she is well aware of how these interviews can go at the consulate.

Yes we have lived together for about 18 months now, although hr names are not on any bills. We didn't consider this earlier as we hadn't considered marriage. We weren't plotting in advance, which turns out is not helpful!

Casa, I hear what you say regarding applying in PERSON here. How about applying by post? As ginoT says nothing in the spousal Visa application says anything about student record!

We do have a genuine relationship and have photos of many events and can get sworn statements from landlords etc no problem. Would this strong case reduce the chances of being asked for the attendance record?

At the end of the day it seems to me it comes down the the officer on the day as to whether they start asking questions?

IF the worst came to the worst and she had to admit her attendance record. What would then happen?

You have no idea how helpful this info is guys, really appreciated.

Post by **Casa** » Sat Jul 18, 2009 7:19 pm

You may well get away with it if you apply by post.

jei2 · Post by **jei2** » Sun Jul 19, 2009 8:07 pm

Hang on a minute y'all

. He hasn't even got the COA yet!

If you get that Tomm, you might be in a better position to decide your next move. Until then.. chickens.. hatching.. counting..?

Tomm · Post by **Tomm** » Sun Jul 26, 2009 10:34 pm

heh good point jei2!

Well the CoA application has been submitted and we have a receipt from the UKBA...

*fingers crossed*

Any idea how long they will be crossed for?

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Student to Spouse Visa in UK - bad attendance record...

Student to Spouse Visa in UK - bad attendance record...