spouse visa help!!!!

[lovely22]

HI,
Thank you to all for helping me in my brother case.He has applied for permenant residency now.Now I am here again in hoping for good advice for my friend.
My friend is having some confusion in applying from spouse visa.
She got married legally and traditionally in asia country in 2007 to her husband who reside in UK as a family member of EEA.He got Permenant residency this year.
She came in UK 2008 as student to do human and nutrition science and will be graduating next year.My question is
1) will it be possible for her to apply for extension as spouse from UK next year or will she have to go back to her home country to apply.

2)will she need certificate of approval of marriage even after she got married legally as I know so far that legal marriage can only occur once to the same person unless there has been divorce involve.In her case she hasn't got the certificate of approval as the marriage occur out of UK.She got legal marriage certificate from her country.There has been question in the form of FLR(M) in section 6.2 asking whether there has been granted and certificate of approval for marriage.

3)since she is graduating a degree in UK will she still need to take the english test.obviously she can't pass degree here if she does not know english.

please help!!!!

[ElenaW]

HI,
Thank you to all for helping me in my brother case.He has applied for permenant residency now.Now I am here again in hoping for good advice for my friend.
My friend is having some confusion in applying from spouse visa.
She got married legally and traditionally in asia country in 2007 to her husband who reside in UK as a family member of EEA.He got Permenant residency this year.
She came in UK 2008 as student to do human and nutrition science and will be graduating next year.My question is
1) will it be possible for her to apply for extension as spouse from UK next year or will she have to go back to her home country to apply.

2)will she need certificate of approval of marriage even after she got married legally as I know so far that legal marriage can only occur once to the same person unless there has been divorce involve.In her case she hasn't got the certificate of approval as the marriage occur out of UK.She got legal marriage certificate from her country.There has been question in the form of FLR(M) in section 6.2 asking whether there has been granted and certificate of approval for marriage.

3)since she is graduating a degree in UK will she still need to take the english test.obviously she can't pass degree here if she does not know english.

please help!!!!

1) Firstly, she can already apply for her extension as a spouse even though she's not yet graduated. It's called flr(m) and she can apply from within the country. She needs proof that she has been regularly attending university though.

2) No COA needed obviously since she's already married. Just answer "no" when the question comes up.

3) what country is she from? There is a list of nationalities that are exempt. If she's not from one of them, I assume should would need to take the test as well. Of course I see your logic and fully understand that good english is required to undertake a degree.

[lovely22]

Thank you for this reply....much more appreciated.
I wonder what kind of proof can be shown that she has been attending university regularly.Is a letter from university stating her attendance is satisfactory up to date is enough.She is from Malaysia and it is a country required english test.
Thank you once again.

[John]

lovely22, your friend, when she came to the UK in 2008 she was already married to her EEA husband. So how did she get to the UK? Thanks to an EEA Family Permit? And then later in the UK she got a 5-year Residence Card?

[lovely22]

hi John,

Her husband is not an EEA national.He was sponsored by his EEA national sister.My friend came here under student visa in 2008.She can't come in any other visa.She will complete next year.She has been living with her husband since 2008 september.So she can show various proof that they have been together here.Futhermore he is paying the university fees.It will be difficult to show that they intended to live together if she was still in Malaysia as proof such as phone bill can't be simply shown as direct call is too expensive and embassy will not accept calling cards as one of the proof as they can't track phone numbers.Keeping all this in mind she decided to study and live with her husband.
The documents that now she have with her is
1)bank statements of her and her husbad since 2008
2)P60 of her from 2009(She is working part time on weekend) and her husbands since 2008(working full time) and pay slip+letter from employer.
3)letter from university where she can get it anytime
4)She is staying with her sister in law in 3 double bed and 1 box room rented house.Her sister in law can provide tenancy agreement and letter of her consenting my friend to stay with her.She got 2 kids over the age of 10.My friend and husband occupied 1 double bedroom and the kids each 1 one room and my sister in law in one room.
5)Marriage certificate +translation
6)Wedding invitation as according to tradition.
and the one thing that I guess missing now is the English test certificate which she need to get one now.
Please point me out if I have missed anything as I have such a high trust in this forum.thank you once again

[avjones]

When did the husband come to the UK, and did he come at that time as an EU family member?

What nationality is the sister?

Is the sister still here in the UK, and if not, when did she leave?

[lovely22]

hi,
Her husband came to UK in 1999 in asylum category and later switched to EEA family member visa in 2005.His sister is norwegian and still working.She work in the same company until now.Since his brother has been here since 1999,when I helped her to call HO regarding when he can apply for permenant residency they actually said that he can apply earlier eventhough the visa for family member of EEA was approved in Nov 2005.I told them that his asylum document is not with him anymore to show his arrival date or proof.They reply me by saying that he have the same reference number as it was given for the asylum case and the reference number is same for his sister(his sponsor).Legally asylum document has to be returned to the department once decision is made and thats why HO did not give asylum back and asked him to return his asylum ID after they approved his EEA family visa.He applied in January this here for Permenant residency and got it.
I think his sister can leave this country after he got Permenant residency as now he is going to be bound by UK law.He is thinking of applying naturalisation next year after sponsored his wife.That is why the hurry to apply for spouse visa as soon as possible otherwise she could just wait until her degree finish.Thank for the wonderfull reply in this forum

[lovely22]

(hi,
Since *his brother has been here since 1999,when I helped her to call HO)

Sorry I actually meant *her brother has been here since 1999,