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Student to Spouse Help

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Saraya
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Joined: Sat Jun 18, 2011 4:31 pm
Location: UK

Student to Spouse Help

Post by Saraya » Thu Nov 03, 2011 8:40 pm

I have been married for two years in Iraq. I am a british citizen, he is an Iraqi citizen. My husband and I can prove regular contact through technology and me visiting.

My husband decided to further his professional career by doing a postgraduate course in the UK. He came here a few months ago on Tier 4 student visa valid for a year and wants to complete his course.

We have considered to stay in the UK for good and are worried about how we would do this and the fastest procedure.

I contacted a solicitor and was informed that I should get re married through a registry office in the UK and then complete form FLR (M) to change the Student Visa into a Spouse Visa.

I contacted the Registry office but was told that if I get married in the UK I have to declare my marriage which took place in Iraq and say that the Iraqi marriage was invalid.

When my husband was questioned for the student visa in Iraq they asked whether he was married and he said yes and gave my details. The Registrar said that because of this the student visa will be considered as invalid and they will say that he lied also.

I was told that there is a way of taking a foreign marriage certificate and getting a certificate here to say that we are married but this is only for certain countries and Iraq is not within this so they cannot do this.

I contacted the home office who have said stated some conditions to prove that the Iraqi marriage is valid and upon those the marriage is valid.

My main problem is that they have said as the marriage took place before my husband was granted Tier 4 Entry Clearance and the caseworker may question this as his intention could have been to remain in the UK as my spouse, and the application will most likely be refused as the correct procedure would have been that he should have applied for spouse visa entry clearance and not Tier 4.

What should be done?? Help please! :(

Lucapooka
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Location: Brasil

Post by Lucapooka » Thu Nov 03, 2011 8:45 pm

Re-marrying in the UK is only necessary if your existing marriage is not recognised by the UK. Your solicitor has obviously been told more about this that you have revealed here, so we also have to assume that your current marriage is not suitable.

Generally, any marriage that is legal and recognised in the country where it was contacted, is also legal and recognised by the UK.

The registrar is wrong about the student visa being cancelled as there is no question of a false declaration.
Last edited by Lucapooka on Thu Nov 03, 2011 8:48 pm, edited 1 time in total.

geriatrix
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Post by geriatrix » Thu Nov 03, 2011 8:48 pm

Is your marriage legally valid as per laws in Iraq? If it is, your marriage is valid in UK too. Do you have a marriage certificate?

He may apply for FLR(M) if he wishes to. He may do it now ... or near to the end of his Tier 4 leave. His / your choice.

If he had disclosed in his application that he was married (if the form asked for such information, and also in the interview if there was one), he has nothing to fear.
Life isn't fair, but you can be!

Saraya
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Posts: 5
Joined: Sat Jun 18, 2011 4:31 pm
Location: UK

Post by Saraya » Thu Nov 03, 2011 8:55 pm

Yes it is valid.

The problem is that the Home Office said they may reject the application as they would question why he came on a student visa if now he wants to be on a spouse visa... they said if his intention was to remain in the uk then he deceived the uk laws.

He didnt intend to stay here so that is why he requested a student visa only to enter the uk to do his course. How would you prove to them that this was not the intention and ensure that the application is not rejected??

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Nov 03, 2011 9:06 pm

Ignore that; it's nonsense. If the has indeed been attending the course, just apply for leave to remain using FLR(M) with the necessary evidence as outlined on the form and guidance.

geriatrix
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Post by geriatrix » Thu Nov 03, 2011 9:09 pm

He came to UK as a Tier 4 (General) migrant because he chose to.

There is no law which says that a spouse of British citizen must enter UK on a "spouse visa" only. If UKBA had any doubts about his intentions, they would have refused his Tier 4 application. But they did not, so why will they now? And on what basis .. under which rule?
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu Nov 03, 2011 9:11 pm

Oops! I and Lucapooks seem to be responding almost concurrently! :wink:
Life isn't fair, but you can be!

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
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Post by geriatrix » Thu Nov 03, 2011 9:13 pm

Just make sure he abides by the conditions of his Tier 4 leave. And attends college regularly.
Life isn't fair, but you can be!

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