My spouse visa application

[Lilly10]

I've been 4 yrs in the UK as a student and currently on post study work permit due to expire next year.

Do I have to wait till my British bf turns 21 nxt yr to formally marry him and apply for spouse visa?

Can I do this without leaving the country?

I was recently arrested for something silly and released on bail, if the case isn't dropped and I get a caution or charge, how will this affect my visa application???

Thanks

[John]

Do I have to wait till my British bf turns 21 nxt yr to formally marry him and apply for spouse visa?

There are two parts of that :-

*Do I have to wait till my British bf turns 21 nxt yr to formally marry him?
*Do I have to wait till my British bf turns 21 nxt yr to apply for spouse visa?

As regards the first part, no you don't need to wait until he is 21 to get married. But if you want to get married in the UK you would need to obtain a CoA .... a Certificate of Approval to Marry ..... and the good news is that the application for a CoA is now £0! No CoA is needed if the two of you intend to get married in a Church of England Church.

The spouse visa? That cannot be applied for until both of you are at least 21 years old. It sounds like you might already be 21+, and if that is the case the spouse visa could be applied for as soon as your husband (as he will be) turns 21.

Can I do this without leaving the country?

Yes, as long as you still have a valid visa. Your PSW visa .... does that expire after your fiancé's 21st birthday?

I was recently arrested for something silly and released on bail, if the case isn't dropped and I get a caution or charge, how will this affect my visa application???

How silly? Can you give some idea what you would be cautioned or charged with, if that happens?

[Lilly10]

Many thanks for the response.

Yes I am 23 yo and my bf turns 21 in April 2011.

My post study work permit expires in Sept 2011.

He has wanted to get engaged for some time but I didn't wana rush things.

I have a good job and had planned to get a much better one next year and get my employer sponsor me for a tier 2 before my post study work permit was to expire.

Really doubt that's gonna happen now whether it is a caution or conviction.

Not only will I not qualify for a tier but I dread I'll even be able to find the
job I deserve even if I stay with a spouse visa....

I was so upset I didn't wana live anymore because my life ended but then started to think how could try to get my life back on track

My alleged offence is fraud by false representation, I dnt know how the
investigations are going to go yet.

I was trying to return an item given to me as a gift to a shop for credit. Because I had no proof of purchase and was ashamed to ask the person
who gave me, I presented a dispatch note to the shop like the item had been bought online. I wouldn't bother not getting a refund but they didn't give me a chance to explain at the shop and I can say I was rather
unfortunate as much as very stupid.

That's it really.

[Lilly10]

Do I stand any chance of getting a spouse visa or applying under any other category if I will be charged/cautioned then?

[John]

My opinion is that such situation should not affect the issue of a 2-year spouse visa following your marriage.

But other opinions on this very welcome.

[lkpone]

Hi

Very quick related question...

I am currently on an Unmarried Partners' Visa (issued 5th Jan 09) and am due to apply for ILR in December this year.

We got married in December 2009, so should now technically be on a Spouse's visa - is it one in the same? Can I just wait until December to apply for my ILR in my married name, or do I need to apply separately for a Spouse visa? I think the exact wording on my ID card is 'Spouse/Partner' or 'Spouse/Unmarried Partner'.

I've done all the right things with my ID card, like getting it issued in my married name, now that I have my new passport etc, so that part is about to be all sorted, but this thing with the 'classification' of my current visa as 'Unmarried Partner' has been bothering me.

Thanks!
Lindsay

[John]

Can I just wait until December to apply for my ILR in my married name, or do I need to apply separately for a Spouse visa?

You can just wait, and then apply for your ILR later this year.

[lkpone]

That's what I thought, but thanks for clarifying! Thanks so much!