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Advice on spouse visa

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krisdb
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Posts: 2
Joined: Mon Sep 11, 2006 12:10 pm

Advice on spouse visa

Post by krisdb » Mon Sep 11, 2006 1:47 pm

I am a British citizen and am due to marry my Mauritian girlfriend who has been here for two years as a student.We have our approval and date set. She has decided to delay her study for the couple of years and work full time as we would like to save and buy our own place. We are now looking to fill in the FLR (m) form - or spouse visa once married.

My two major concerns are:
1) She has not enrolled on her unversity course, although we will be married in the next two weeks, is she currently in violation of a student visa until our spouse visa is accepted? (if accepted)

2) The criterea for the FLR (M) form seems very intimidating. I am not in huge debt but do live, like most, in my overdraft from time to time. I am very happy in my present shared accomadation. Large house and perfectly suitable for myself and partner, will a shared house be frowned upon and how hard will they be on my financial situation?

Any advice would be a great help!

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Sep 11, 2006 2:24 pm

My comments are, using your numbering :-
  1. Correct, but I am not sure how IND would know that. There is no need to supply current course details when converting from student visa to spouse visa in the UK.
  2. The holder of a spouse visa, like the holder of a student visa, has a condition on their visa, "No Recourse to Public Funds". Has your fiancée needed to claim Public Funds in the past? Financially will anything change when the marriage happens? Suspect the answer is "no". Accordingly no reason to think that the financial test will be failed.
Do ensure that all the required information is supplied in support of the spouse visa application on form FLR(M). Clearly the marriage certificate is an important part of that. No need to delay the application until near the end of the current student visa. The application can go in as soon as the marriage has happened ... and should not be delayed.
John

krisdb
Newly Registered
Posts: 2
Joined: Mon Sep 11, 2006 12:10 pm

Post by krisdb » Mon Sep 11, 2006 2:52 pm

Thankyou John!

That advice is very helpful. We'll get that form sent as soon as we are married.In answer, she has not required any public funds and will not need to as she will seek full time work immediately.

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