On a student visa but marrying an English person

darrenbgray · Post by **darrenbgray** » Mon Jun 04, 2012 9:24 pm

Hi,

I would be grateful for any help on this please. I think it should be a fairly straightforward situation but I am a little confused. My fiancee is on a student visa which expires in October. We are getting married on the 15th June so we are looking to change the visa and I think she is valid to "switch". However, I can't see how we do this. Do we need to fill in form FLR(M), apply for EEA family card or something else. We meet all criteria eg being able to support ourselves, living together etc.

Any help would be much appreciated.

Post by **Lucapooka** » Mon Jun 04, 2012 9:31 pm

The answer to yout question depends on your own immigration status.

Post by **Greenie** » Mon Jun 04, 2012 9:36 pm

It also depends on the type of student visa the girlfriend has and how long it was granted for.

darrenbgray · Post by **darrenbgray** » Mon Jun 04, 2012 9:37 pm

I am a British citizen with a valid British passport.

Post by **Greenie** » Mon Jun 04, 2012 9:38 pm

And the answer to my questions?

darrenbgray · Post by **darrenbgray** » Mon Jun 04, 2012 9:39 pm

My girlfriend has a Tier 4 Student visa, granted April 2011 until October 2012

Post by **Greenie** » Mon Jun 04, 2012 11:00 pm

The form she needs to complete is form FLR(M)

prathameshdalvi32 · Post by **prathameshdalvi32** » Sat Jun 09, 2012 10:12 pm

You cannot apply for visa from in country.
You need to have 6 months valid leave to apply from in country.
Home Office will refuse application but you can go to appeal and be successful.Or you can apply for settlement visa from Home Country.
You can apply for discretionary leave to remain.

Post by **Greenie** » Sat Jun 09, 2012 10:15 pm

prathameshdalvi32 wrote:You cannot apply for visa from in country.
You need to have 6 months valid leave to apply from in country.
Home Office will refuse application but you can go to appeal and be successful.Or you can apply for settlement visa from Home Country.
You can apply for discretionary leave to remain.

you are incorrect. You do not need to have 6 months leave remaining but to have been granted at least 6 months leave. Good start for your first post particularly when the question has already been correctly answered.

Post by **Casa** » Sun Jun 10, 2012 12:58 pm

Darrebgray...what nationality does your fiancee hold? She may need to comply with the A1 English test before she sumits her FLR(M) application.
Do you intend to apply by post or at a PEO in person? Has she been working within the permitted hours as a student?

darrenbgray · Post by **darrenbgray** » Mon Jun 11, 2012 8:22 pm

Hi, my fiancee is Japanese, and has passed the IELTS exam at B2 level so we should be ok with that. Her college allows work up to 20 hrs per week and she has complied with that. Also, the "proof of funds" should not be an issue.

We have an appointment booked in July in Croydon so will be applying in person.

Do you have any further advice. I was a little worried after reading the other reply that we would not be successful! How likely is it that you can apply and be refused or make a mistake and lose the £860 application fee?

Post by **Greenie** » Mon Jun 11, 2012 10:40 pm

Ignore the poster who said she can't apply from within the UK. However without knowing about your financial circumstances its difficult to comment on whether you meet the requirements. What date is your appointment as the rules a changing on 9 July and the maintenance requirements will be higher.

darrenbgray · Post by **darrenbgray** » Tue Jun 12, 2012 9:51 pm

Our appointment is 16th July so this will be after the new rules. Luckily we are both ok finaancially so this should not be an issue.

Post by **Greenie** » Tue Jun 12, 2012 9:54 pm

darrenbgray wrote:Our appointment is 16th July so this will be after the new rules. Luckily we are both ok finaancially so this should not be an issue.

Yes but if you apply under the new rules it will take 5 years rather than 2 for her to qualify for settlement, and you will have to make another application to extend her leave in two and half years time and have to meet the financial requirements again. I would suggest either trying to get an earlier appt (probably pretty difficult now) or applying by post before 9th July.

darrenbgray · Post by **darrenbgray** » Tue Jun 12, 2012 10:24 pm

That's a game changer! I think we will have to apply by post. Is it possible to hand it in by person (would that be Croydon?)

I'm fairly confident of being able to fill in the form but some of the documnetation that is required seems to be a little vague, for eg proof that we have met, proof of funds etc so I was going to get all possible paperwork that I could think of and take it with me to the meeting. If I apply by post should I just include the same amount of paperwork i.e. err on the side of caution?

By the way, thanks for your continued help with this.

Post by **geriatrix** » Tue Jun 12, 2012 10:28 pm

darrenbgray wrote:Is it possible to hand it in by person (would that be Croydon?)

No.

Post by **Greenie** » Tue Jun 12, 2012 10:37 pm

The form explains in some detail the documents you need to provide. If you apply by post you send it to the address on the front of the form.

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On a student visa but marrying an English person

On a student visa but marrying an English person