# Switching from Student to Spouse Visa



## Tshayne (Apr 10, 2012)

Hello Everyone,

I'm "new" to the community (have been keeping a close eye with threads since spousal visa changes might occur!) and have a few questions.

A little bit of background if necessary to help with later questions:

Became engaged recently to a man that I have dated for over a year. Met him whilst on holiday/school visits here in the UK, he's visited me back home in Austin, lots of history of communication, family and friend's blessing, etc etc. I'm currently getting my Master's degree (program ends in September, Visa expires in January). My concern is once we're married (saving money and just having a small ceremony at the end of May, or Middle of June, with Family flying over from the States) that there may become an issue with my student visa. 

If current visa stipulations stand, we'll apply for a visa through in-person application as soon as my passport with my changed name returns. If for some reason (touch wood it doesnt happen) our application was denied, would I have to leave immediately, or would I be able to stay still through the duration of my current student visa? 

The other scenario is if the new 26k a year salary requirements were introduced, my fiance will have to find a new job. It's aggravating that someone with no debt, no history of being on benefits will have to leave a good job he enjoys that he's had a long history, will have to find something new because he doesnt quite meet the salary band, but that's for a whole different thread to discuss. If he were to have look for a new job, would I still be in good standing with immigration if we're married and I'm still here, but we havent applied until he found a new job? 

I'm wanting to make sure we are within good standing with UKBA and that everything is in proper form for everything leading up to our application.

I appreciate any help or guidance given.

Thanks!


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## Joppa (Sep 7, 2009)

Tshayne said:


> Hello Everyone,
> 
> I'm "new" to the community (have been keeping a close eye with threads since spousal visa changes might occur!) and have a few questions.
> 
> ...


You can stay until your student visa expires, as long as you are still studying and keeping to the conditions of the visa regarding paid work, maintenance etc. 



> The other scenario is if the new 26k a year salary requirements were introduced, my fiance will have to find a new job. It's aggravating that someone with no debt, no history of being on benefits will have to leave a good job he enjoys that he's had a long history, will have to find something new because he doesnt quite meet the salary band, but that's for a whole different thread to discuss. If he were to have look for a new job, would I still be in good standing with immigration if we're married and I'm still here, but we havent applied until he found a new job?
> 
> I'm wanting to make sure we are within good standing with UKBA and that everything is in proper form for everything leading up to our application.


This is a difficult one to answer because we just don't know what the new rules will say. £25,700 has been mentioned, but we don't know if savings can be taken into account or any external help. 
As a British citizen, his marital status won't matter, and since you are still legally in UK, your status won't be affected either. You just have to apply for FLR as spouse before your current visa runs out. 
So like 1000s of others, we'll just have to wait for a formal announcement, which can't be very far away if they want the new rules to start in June.


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## Tshayne (Apr 10, 2012)

Thanks, Joppa.

I just wanted to verify as I want to make sure that everything is by the book. I'll be working on my dissertation and if there are changes and come January when my visa expires and we don't qualify, I'll be heading home for a while. I don't want to think about that as a possibility, but I'm such a non risk taker I want to make sure that everything is as is should be. 

Now it's just the waiting game to see what changes!

I do appreciate your help.


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