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Help Need On Spouse Visa


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#1 kingscorpion1

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Posted 20 December 2012 - 12:09 AM

Hi everyone. I need some advise regarding my visa.i came to UK on student visa in 2011 after eight months my college got revoked.meantime I had friendship with a girl who is British. after 3 or 4 months we start living together in a same property and finally we got married this September 2012. by the UK law.my student visa was till 2014. Since i moved to live with her i haven't got letter from UKBA stating that i must reapply for new college ( i suppose letter gone to my previous address), but after marriage when I started searching to change my visa i came to know that i was having just 60 days to reapply in the new college otherwise the visa is not valid. Now my wife got job 2 months ago by which she can support me financially. but i want to ask if it will be a problem for me when i will apply for my spouse visa and UKBA will find out that my college licence was revoked so will i be rejected visa on this issue? Or if there is any other way for me to get spouse visa in order not to get rejected?



#2 SteveG

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Posted 20 December 2012 - 01:06 AM

Hi,

Potentially you have no status in the UK due to the withdrawal of your education provider's licence. If correspondence went to your previous address then the UKBA would 'blame' you if you didn't tell them of your new address. Your case isn't straightforward because you have technically overstayed if your leave (visa) has been reduced to 60 days. Up to 28 days, you're OK but over this and it becomes an issue.

The UKBA will want evidence of your compliance with your visa so, yes, they will know that your college lost its licence.

Assuming that the above has happened, the most straightforward way of applying is to leave the UK and apply to re-enter as a spouse but you obviously need to ensure you comply with all the rules. ("Straightforward" in terms of the rules - of course, practically, this may not be the most straightforward option for you)

I'd suggest your case is one where detailed legal advice is needed as there are a number of issues here which will impact your application

#3 Victoria

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Posted 20 December 2012 - 11:19 AM

I can't see any reason for you to leave the UK. You do have a problem in that your wife may not meet the criteria for sponsorship on a spouse visa so you should speak to an advisor.

#4 kingscorpion1

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Posted 20 December 2012 - 12:36 PM

thank you so much both of your replies.

@Victoria. I know that my wife hasn't fulfilled criteria of sponsorship as they need 6 month of payslips, statement and job letter.if I know that there is many faults in my application so if I will apply and get rejected from ECO then I can have an option to go to Court and fight for my case with article 8, Human Rights as my marriage is genuine and I can prove it.

#5 Victoria

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Posted 20 December 2012 - 01:56 PM

Then get legal assistance with the application. And don't leave the country.

Edited by Victoria, 20 December 2012 - 01:56 PM.





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