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Non-EU student to marry UK citizen

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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eluranium
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Joined: Thu Jan 24, 2013 7:23 pm

Non-EU student to marry UK citizen

Post by eluranium » Tue Jul 09, 2013 2:05 pm

Hello,

I've got a friend who's a Non-EU citizen who has been living in the UK for the past 7 years legally on student visas.
his current visa ends on Jan 31 and he is about to marry his British girlfriend.

How can he apply for Spouse Visa without leaving the UK to do so?
I noticed on the UKBA site it says you need no less than 6 months on your visa, but then it says you should apply 28 days before your visa expires, so which is it?
Anything further I need to know?

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Casa
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United Kingdom

Post by Casa » Tue Jul 09, 2013 2:29 pm

The UKBA information is confusing. He can apply to switch to a spouse visa on form FLR(M) after the wedding, assuming he meets all the requirements.
http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

eluranium
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Joined: Thu Jan 24, 2013 7:23 pm

Post by eluranium » Tue Jul 09, 2013 2:33 pm

What about this part of the link?
"You cannot apply to extend your leave to remain if you are in the UK:
with permission to stay for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner);"

Does that mean that if he waits until after August he will have less than 6 months left on his student visa, and therefore wont be able to apply for a spouse visa from within UK?

anniecc
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Post by anniecc » Tue Jul 09, 2013 3:01 pm

No. That is referring to the total length of the visa not the amount of time remaining at the point of application. So someone on a three month student visitor visa would not be able to extend their stay under this route, but someone on a two year student visa with 28 days left to run is fine.

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