# Extension of stay from student to spouse visa?



## trigger87 (Dec 3, 2011)

Hello,
I am currently in Scotland on a Tier 4 Student visa expiring January 2013. I've been dating my Scottish bf for about 2.5 years and we've been living together since I came over as a student in August. We're planning to get married and I had a few questions.

It seems to be possible if we do it before my student visa is up to apply for Application for an extension of stay as the husbandor wife of a permanent resident, form FLR(M).

Does anyone know anything about this? It's cheaper than going back to the US then coming back on a spouse or fiance visa at 550 pounds versus 810. 

There doesn't appear to be an option to switch to a fiance visa correct? If you do come on a fiance visa does it cost anything to switch to spouse?

I looked over the application and there wasn't anything about providing proof of a relationship, should we send that stuff anyways?

The proof of funds seems confusing, would a paper statement in the mail from the bank be ok? Or does there need to be a letter from our branches? They want both of our itemized bank account info right so they see that we can afford the lifestyle we live?

Any ideas, tips, help, advice, etc would be appreicated as I'm new to this. Thank you!!!

Tabatha


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## manny.j (Dec 4, 2011)

trigger87 said:


> Hello,
> I am currently in Scotland on a Tier 4 Student visa expiring January 2013. I've been dating my Scottish bf for about 2.5 years and we've been living together since I came over as a student in August. We're planning to get married and I had a few questions.
> 
> It seems to be possible if we do it before my student visa is up to apply for Application for an extension of stay as the husband or wife of a permanent resident, form FLR(M).
> ...


Hi Tabatha:

I am in the middle of having an application ready for my wife to submit. We both currently live in the US but hoping to immigrate to the UK sometime next year.

In regards to your situation, from what I read online, to change from Tier 4 to Spouse or Fiance Visa is not possible  Option (b) , mentioned below, is I believe is what applies to your situation which implies you can marry your bf in the UK but, unfortunately, must leave UK and apply for Entrance Clearance from UKBA. This is exactly what both my wife and I are doing but we both have been married for a long time now and will be immigrating to the UK together. According to one of the websites I read, this is what was written on it:

*Switching into Spouse Visa*

*a) Spouse of a person present & Settled in the UK*

Any person (above 21 years of age) who has initially been given entry clearance or leave to remain in any capacity, for more than 6 months is able to switch to a spouse of a person present and settled in the UK (provided he is already married). The only exception to this rule is a person having limited leave as a fiance visa or proposed civil partner, who can switch into a spouse visa after getting married in the UK.

Please note that visitors (although they might have a multiple entry visa valid for more than 6 months) are given leave to enter/remain in the UK for only 6 months and they cannot therefore switch into spouse visa whilst remaining in the UK.

*b) Spouse of a person having limited leave to remain in the UK (Tier 2, Tier 4, Tier 5 or some other leave allowing dependants to join the migrant)*

Spouses of persons having limited leave to remain in some other category are not allowed to switch into becoming dependent on their spouses having limited leave to remain in the UK (except where the Points Based Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii)). They are required to seek entry clearance from outside the UK in order to enter and join their spouses. Although the marriage can take place in the UK, if the applicant is not able to switch status in the UK, he/she has to seek entry clearance from the British Diplomatic post in the country of origin.

*c) Spouse (Family member) of an EEA national exercising his / her treaty rights in the UK*

The switching rules regarding family members of EEA nationals exercising their treaty rights in the UK are more flexible, compared to family members of British citizens or of persons present and settled in the UK. In the light of the recent rulings of the appellate courts, there is no restriction on the non-EEA national of having any sort of leave to remain or entry clearance, to make such an application. People having visitors visas or even having no visa at all, can make an application to the UK Border Agency to obtain family member Residence Card in line with the fact that they are married to an EEA national who is exercising EC treaty rights in the UK.

However, care is required in making such applications, as they can be complex and time-consuming.


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## Joppa (Sep 7, 2009)

manny.j said:


> Hi Tabatha:
> 
> I am in the middle of having an application ready for my wife to submit. We both currently live in the US but hoping to immigrate to the UK sometime next year.
> 
> ...


Some confusing advice here - though I'm sure that the respondent means well.

Yes, you can switch to a spouse visa (FLR as wife or husband) after your marriage in UK without first having to go home. What UKBA means by 'limited leave to remain' is temporary stay like visitor, and doesn't apply to those who hold long-stay visa such as work or student (in most cases; there are some exceptions but don't apply in your case). 

Relevant rule:

_You may be allowed to switch into the category of husband, wife or civil partner if
you entered the UK in a different immigration category (for example, as a student), and *you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK*. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules)._
UK Border Agency | Can you apply?

I recommend you pay £850 for same-day premium service, because £550 postal service will keep you waiting anxiously for weeks and months (average wait seems to be around 3-4 months), during which you cannot leave UK even for a holiday. 

If you come on a fiancé(e) visa, after marrying in UK you have to pay again for your FLR - same fees as above. 

You will have to give evidence of your relationship in answer to questions in Section 7. Also it's customary to include a brief letter outlying your relationship - one from each partner.

Proper printed statement from your bank covering the last 6 months will be fine.


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