Switching from Tier 4 Visa to Spouse Visa

[ukgirl01]

Hi
I am new to this forum and haven't been successful in finding a clear step by step guide that i was after.
Please can someone advise what is the process of Switching from Tier 4 Visa to Spouse Visa

Many thanks in advance

[CR001]

Are you married or an unmarried partner?

Is your partner British or an ILR holder?

Does your partner earn at least £18,600pa?

[Robstin2014]

I'm currently going through the same process as my girlfriend is on a Tier 4 Student visa and as her boyfriend it is in my best interest to help her stay in the country. So I thought I would give you a bit of advice from what I already understand.

(Disclaimer: I'm basing my guidance off the assumption that you don't have a child or any children, if you do these requirements will be different)

The main requirements are:

- An income of £18,600. This income must be your partners income and needs to be able to be proven through payslips. 6 months worth of payslips need to be given as evidence.
- Your partner must have ILR (Indefinite Leave to Remain) or British Citizenship.
- You must be married to your partner OR have a civil partnership OR be engaged OR have been living together for 2 years at least. (All of which you need to prove)
- You need to meet the accommodation requirement which basically specifies that you need the equivalent to a 1 bedroom house or flat to accommodate you so that you are not violating the overcrowding act. (There is guidance on specifics on the gov website)
- You will also need to prove a genuine relationship, which is probably the easiest requirement to meet provided that you are genuine and that you have, photos together, mail/letters, text convocations, receipts for gifts, plane tickets (if you were in a LDR) etc.

Your best bet would be to apply for your Spouse Visa in the UK and not travel back to your home country as it will most likely make the process less time consuming and expensive for you if you have to travel back and fourth. Ensure that the time which you apply for your Spouse Visa gives you enough time, I would recommend at least 2-3 months. However if you don't have that much time, I wouldn't worry too much as your immigration status will usually stay the same during the period of waiting for a response for your application.

I hope this helps!

[ukgirl01]

I am a British citizen earning £19,000 per annum.
We are due to be married next month and his student visa is valid until June 2018.
Are you able to advice on the marriage registration procedure as we live in different cities.
Thanks a lot for your valuable advise.

[CR001]

You are both required to attend an HO approved Registry office to give 28 days notice with passports and proof of visa. The Registry office then inform HO that a non BC/EU citizen wishes to marry and HO could then extend the 28 days to 70 days to investigate and/or interview each of you separately. Only once HO gives the OK, will you be able to marry.

[InAPickle]

The main requirements are:

- An income of £18,600. This income must be your partners income and needs to be able to be proven through payslips. 6 months worth of payslips need to be given as evidence.

I though income can come from applicant or partner or both.

[Robstin2014]

That's true, in this case if the applicant currently has a Tier 4 Student visa with a work entitlement (usually 20 hours p/w in term time) then, from what I understand. The income can be combined, which definitely puts current tier 4 students seeking to get a spouse visa in a good position.

[InAPickle]

That's true, in this case if the applicant currently has a Tier 4 Student visa with a work entitlement (usually 20 hours p/w in term time) then, from what I understand. The income can be combined, which definitely puts current tier 4 students seeking to get a spouse visa in a good position.

As someone whose partner is in this position, spouse visa is very difficult for recent graduates.

[Robstin2014]

I understand that may be the case. Mainly because you need to provide 6 months most recent payslips. This means that not only do you need to find a job earning at least £18,600 pa, you also need to have worked in that position for 6 months at least.

Is there any other reason you would suggest it is difficult?

[CR001]

I understand that may be the case. Mainly because you need to provide 6 months most recent payslips. This means that not only do you need to find a job earning at least £18,600 pa, you also need to have worked in that position for 6 months at least.

Is there any other reason you would suggest it is difficult?

the user 'InAPickle' has their own topic. Please continue responding to the user there instead of taking over user 'ukgirl01' topic, it is unfair to the OP of this thread.

immigration-for-family-members/switchin ... l#p1519071

[CR001]

That's true, in this case if the applicant currently has a Tier 4 Student visa with a work entitlement (usually 20 hours p/w in term time) then, from what I understand. The income can be combined, which definitely puts current tier 4 students seeking to get a spouse visa in a good position.

As someone whose partner is in this position, spouse visa is very difficult for recent graduates.

Please continue asking questions in your own topic rather creating confusion by tagging onto someone else's thread.

immigration-for-family-members/switchin ... l#p1519071

[ukgirl01]

You are both required to attend an HO approved Registry office to give 28 days notice with passports and proof of visa. The Registry office then inform HO that a non BC/EU citizen wishes to marry and HO could then extend the 28 days to 70 days to investigate and/or interview each of you separately. Only once HO gives the OK, will you be able to marry.

Thanks a lot