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Switching from psw to husband

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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joxiri
Junior Member
Posts: 58
Joined: Tue Dec 22, 2009 11:32 pm

Switching from psw to husband

Post by joxiri » Mon Apr 09, 2012 12:24 am

dear all
I am very confused as to switching here is the situation
i live with my gf we are about to get married
my psw expires at the end of july
some1 recently told me that i cannot switch from psw to spouse whilst in the uk is that true, that I would have to return to home country to apply to come
also due to the short time left on my visa would i stand a realistic chance, or should i return to my home country to apply.
our relationship is genuine so i can prove this

please I really need to know if i can switch from psw to the spouse after we get married

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

Post by Lucapooka » Mon Apr 09, 2012 10:20 am

So if you tell us the immigration status of your girl friend we can answer your question.

joxiri
Junior Member
Posts: 58
Joined: Tue Dec 22, 2009 11:32 pm

Post by joxiri » Mon Apr 09, 2012 1:35 pm

my fiancee is a british citizen

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

Post by Lucapooka » Mon Apr 09, 2012 2:44 pm

If you can marry before your leave expires you can switch inside the UK.

joxiri
Junior Member
Posts: 58
Joined: Tue Dec 22, 2009 11:32 pm

Post by joxiri » Mon Apr 09, 2012 9:04 pm

considering we dont live together and we are only getting married in may only 2 months before my visa expires
what are our chances, or do i stand a better chance going back to my home country to get married and apply from there even though i would rather avoid that
so in summary
we will be getting married in may and start living together, my visa expires in july we ve substantial evidence to prove we have been in a relationship long enough even though we have not been living together, does this matter
is there anything else i need to know
also do i make my application immediately after we get married or just before my visa expires
I currently work full time and my fiancee works 24 hrs a week will this be an issue as evidence of maintenance is based on the sponsor rather than me, however i will be the main breadwinner as my fiancee as a child from a previous relationship
as she only works part time and has a child I think she will be entitled to working tax credit, child benefits and child tax credits(are these benefits that would not be permitted if we were to get married as i was told the child benefits is universal anyway ) as this will affect the application?
also am I correct in saying i need to apply using set (M) and not flr(m)?

as maintenance is based on evidence of savings wont they take into account that i already have a job
I have some savings but the ukba website does not specify how much is required to show for evidence of maintenance
and finally whilst i was on my student visa before switching to psw my 1st application for psw was rejected and then i appealed it which was rejected and then i was issued with removal notice but i returned to my country and made a new application which was approved
in light of this does this affect my application as i am aware that one cannot apply after a notice of removal or deportation has been served , however i got my psw and I am living in the uk is this reuirement retrospective will this affect me i dont see why it should as i am liviing in the uk with a psw

please i know its a lot to take but I would greatly appreciate any responses with useful information, I may have more ?s to ask later

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

Post by Lucapooka » Mon Apr 09, 2012 10:20 pm

joxiri wrote: what are our chances
If you meet the requirements in the rules you will get the new leave and applying outside the UK will not benefit your chances. Asking what are my chances to anonymous strangers is like me asking you how tall you think I am? We don't know your situation weighed against the requirements in the rules and you should acquaint yourself with the application process to see how you might qualify.

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

joxiri
Junior Member
Posts: 58
Joined: Tue Dec 22, 2009 11:32 pm

Post by joxiri » Tue Apr 10, 2012 8:37 pm

thanks lucapooka
i will welcome any more responses people

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Tue Apr 10, 2012 9:38 pm

Your thread would be better placed in the immigration for family members section-hopefully a moderator can move it for you.

You seem to have some misunderstandings about the requirements.

The maintenance requirement is not necessarily based on evidence of savings if you have sufficient household income after rent and council tax above the income support rate for a family of your size.

It is not the case that only your partners income will be considered as she is sponsor.

You should read the relevant guidance here- http://www.immigrationboards.com/viewtopic.php?t=62549

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