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can i switch from student visa to UK residence card?

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copper7765
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can i switch from student visa to UK residence card?

Post by copper7765 » Tue Sep 06, 2016 5:55 pm

I just came across this UK residence card, i never knew it existed. I have a family member who is a UK citizen.i am a student on a tier 2 visa, my visa expires on oct.
what do you guys think i should do ? Thank you .

noajthan
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Re: can i switch from student visa to UK residence card?

Post by noajthan » Tue Sep 06, 2016 5:59 pm

copper7765 wrote:I just came across this UK residence card, i never knew it existed. I have a family member who is a UK citizen.i am a student on a tier 2 visa, my visa expires on oct.
what do you guys think i should do ? Thank you .
Study hard. Stay on T2.
A UK citizen cannot help you.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: can i switch from student visa to UK residence card?

Post by Casa » Tue Sep 06, 2016 6:07 pm

Assuming you are referring to the Residence Permit under EEA Regulations, if your relative is a UK citizen you don't qualify.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: can i switch from student visa to UK residence card?

Post by secret.simon » Tue Sep 06, 2016 6:46 pm

How is the family member related to you? Does s/he have any (nuclear) family of his/her own?

The Residence Card that you likely refer to, as noajthan and Casa have also mentioned, is for family members of non-British EEA citizens.

Also the definition of family member is very strict. Only spouses, children under 21 and dependent parents/grandparents count.

Rules for EFMs (extended family members; i.e. all other family members) are much harder to qualify under, even for EEA citizens.

So, as noajthan has suggested, study hard and make the most of your life on your own.

When you say you are a student, I presume you hold a Tier 4 visa, not Tier 2 visa. If so, you must leave the UK at the end of the visa. Even if you were to marry somebody in the UK, I believe that you must leave the UK and reapply from your country of origin.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: can i switch from student visa to UK residence card?

Post by Casa » Tue Sep 06, 2016 6:52 pm

secret.simon wrote:How is the family member related to you? Does s/he have any (nuclear) family of his/her own?

The Residence Card that you likely refer to, as noajthan and Casa have also mentioned, is for family members of non-British EEA citizens.

Also the definition of family member is very strict. Only spouses, children under 21 and dependent parents/grandparents count.

Rules for EFMs (extended family members; i.e. all other family members) are much harder to qualify under, even for EEA citizens.

So, as noajthan has suggested, study hard and make the most of your life on your own.

When you say you are a student, I presume you hold a Tier 4 visa, not Tier 2 visa. If so, you must leave the UK at the end of the visa. Even if you were to marry somebody in the UK, I believe that you must leave the UK and reapply from your country of origin.
After marrying or as an unmarried partner, it's permitted to switch from Tier 4 student to spouse with a FLR(M) application from within the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: can i switch from student visa to UK residence card?

Post by secret.simon » Tue Sep 06, 2016 6:55 pm

Casa wrote:After marrying or as an unmarried partner, it's permitted to switch from Tier 4 student to spouse with a FLR(M) application from within the UK.
Thanks for clarifying that, Casa. I know the rules about Tier 4 are quite strict, so I wasn't sure on this aspect.

To the OP; I have just seen your past posts. You are going to have to get the strength to speak to your parents now and make them aware of the situation. You will almost certainly have to return to your home country, if not to your home itself. And they should be accepting of that.

I am sure your British education will help you settle down to a good job/career in your home country and you could start looking at other countries who are still open to immigration (Canada and Australia come to mind).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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