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Switching from Tier 4 Dependant to spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 10:28 am

Switching from Tier 4 Dependant to spouse visa

Post by green599 » Fri Jul 14, 2017 9:31 am

Guys,

I need some advise regarding my wifes visa.
I was on Student Visa and she was my dependant in UK.

I received my ILR last week, now I have to switch her visa to spouse visa.

I don't have £18600 to show as I was on a student visa and was not allowed to work more than 20 hours a week.

I heard that I can switch my wifes visa to spouse visa without £18600 salary on a 10 years route?

Can anyone please explain the procedure? is it possible?

thanks in advance

Cheers

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 10:28 am

Re: Switching from Tier 4 Dependant to spouse visa

Post by green599 » Mon Jul 17, 2017 10:10 am

anyone ? please :/

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Switching from Tier 4 Dependant to spouse visa

Post by Casa » Mon Jul 17, 2017 10:14 am

Were you granted ILR under the 5 year or 10 year long residence route? Does your wife work?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 10:28 am

Re: Switching from Tier 4 Dependant to spouse visa

Post by green599 » Tue Jul 18, 2017 8:04 am

Thanks Casa,

I was granted ILR under 10 years long residency route, my wife doesn't work as she was on tier 4 dependant visa. As you know she was not allowed to work under this visa category. She moved to UK with me on Nov 2016.

Cheers

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Switching from Tier 4 Dependant to spouse visa

Post by Casa » Tue Jul 18, 2017 9:53 am

green599 wrote:Thanks Casa,

I was granted ILR under 10 years long residency route, my wife doesn't work as she was on tier 4 dependant visa. As you know she was not allowed to work under this visa category. She moved to UK with me on Nov 2016.

Cheers
The Immigration Rules were amended in 2014. See page 9.
https://www.gov.uk/government/uploads/s ... ts-v12.pdf

If you were permitted to work 20 hours per week, your dependant would also have been entitled to take employment.
your family members will be able to work if you are :
"a government-sponsored student taking a course that is over six months long, or
taking a postgraduate course that is at least 12 months long and you are studying at an institution that meets the UK Border Agency's definition of a higher education institution
."

However, water under the bridge now. If you don't need the minimum income level (either you alone or jointly) a FLR(M) application will be refused. Unless your wife qualifies in her own right under a PBS category, you will have to apply for FLR(FP) Partner route, which if approved will be a new 10 year path to settlement (ILR).

There's no guarantee this will succeed unless you can show compelling reasons why you are unable to settle together outside of the UK. Do you have children living with you?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 10:28 am

Re: Switching from Tier 4 Dependant to spouse visa

Post by green599 » Wed Jul 19, 2017 8:22 am

Thanks for the detailed answer,

I wasn't aware that my wife can work, anyway now I am working part time and trying to find a full time employment, hence the reason cannot meet the salary requirements.

No I don't have any kids yet.

So FLR(FP) is the only option left for me then.

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