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Dependent visa Application impact due to previous refusal

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

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HKN
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Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Dec 31, 2017 7:57 pm

Hi

Please advise!

My fiancee is on student visa and I recently acquired my ILR. What I want to ask is:

1. How much visa does my fiancee require to switch from student visa to dependent visa?
2. Can we go for a priority dependent visa application instead of postal service?

Many thanks,
HKN

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CR001
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by CR001 » Sun Dec 31, 2017 8:01 pm

1. No minimum visa length but your fiance must have a valid visa.

2. You can go for premium service (in person) assuming you plan to apply within the UK.

What are you applying for? An unmarried partner visa or are you planning to get married first??

Do you meet the financial requirements?

Does your fiance meet the English requirement?
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Switch from Student to Dependent Visa

Post by HKN » Thu Jan 04, 2018 1:07 pm

Afternoon,

I am looking for some advice and if someone can help me out it will be great.

My fiancée is about to come into the UK on a student visa in a few months and we are planning to marry next year.

Please advise if there is a minimum student visa period required to switch from student to dependent.

Many thanks,
HKN

HKN
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Islamic Nikkah before civil registration

Post by HKN » Thu Jan 04, 2018 1:15 pm

Afternoon,

I am looking for some advice.

My fiancée will be coming to the UK soon on student visa.

Please advise if it is ok to do Islamic Nikkah (religious ceremony) when she comes into the country and then apply for a civil registration once I have been naturalised.

I am only planning to use the nikkah on a religious basis of us being together as well as a proof of us in a relationship before we make her dependent application.

if this is not possible, please advise what will be the best way to prove our relationship?

(Please note that we are planning to apply for dependent visa after I have naturalised and have received my passport next year).

regards,
HKN

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CR001
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by CR001 » Thu Jan 04, 2018 1:23 pm

Multiple Topics/Posts - Topics Merged (click). Kindly keep ALL your questions in THIS topic. It is not necessary to post multiple topics in different sub forums that are not relevant to your questions.
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Re: Switch from Student to Dependent Visa

Post by CR001 » Thu Jan 04, 2018 1:24 pm

HKN wrote:
Thu Jan 04, 2018 1:07 pm
Please advise if there is a minimum student visa period required to switch from student to dependent.
No there is not! This was already answered on the 31st December.
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Re: Islamic Nikkah before civil registration

Post by CR001 » Thu Jan 04, 2018 1:28 pm

Please advise if it is ok to do Islamic Nikkah (religious ceremony) when she comes into the country and then apply for a civil registration once I have been naturalised.
Why not before as you hold ILR?? Spouse visa is the same whether you are an ILR holder or British.
I am only planning to use the nikkah on a religious basis of us being together as well as a proof of us in a relationship before we make her dependent application.
Are you planning on doing this within the UK? Islamic marriages conducted in the UK are not recognised by HO.

if this is not possible, please advise what will be the best way to prove our relationship?
(Please note that we are planning to apply for dependent visa after I have naturalised and have received my passport next year).
You can apply for a dependent visa if you hold ILR. It is the same visa if you are British, it is not a different visa.
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Thu Jan 04, 2018 2:39 pm

HI CR001,

thank you for replying.

It's because of my previous circumstance before ILR. which is why i don't want to risk anything. I believe it would be best after naturalisation.

Her course starts in May so I am hoping that she is here before that by April.
I would eligible to apply for naturalisation from November 18, therefore considering the period from May to the date I receive my passport, what should we do to prove that we are together before we make her dependent visa application.

regards,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by CR001 » Thu Jan 04, 2018 2:44 pm

It's because of my previous circumstance before ILR. which is why i don't want to risk anything. I believe it would be best after naturalisation.
It is the same visa regardless and you would have to meet the same requirements whether you are British or hold ILR. A visa can also be refused whether you hold ILR or are British.
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Thu Jan 04, 2018 3:49 pm

Hi CR001,

Thank you for your advice. Its just the case of caution that i want to delay registering a civil marriage until I have my passport.

do you think a nikah certificate can be a valid proof of evidence for our relationship at the time of making her dependent application?

regards,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by CR001 » Thu Jan 04, 2018 4:08 pm

do you think a nikah certificate
Assuming you mean an Islamic marriage, as already stated if this is conducted within the UK it is not recognised by HO.
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Thu Jan 04, 2018 4:12 pm

thank you CR001 for your help.

Are you based in London? is it possible for me to visit you?

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by CR001 » Thu Jan 04, 2018 4:14 pm

You will need to post your questions on the forum. I don't offer advice outside of immigrationboards.com.
Char (CR001 not Casa)
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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Thu Jan 04, 2018 4:24 pm

Thank you CR001.

You have helped a lot since i have been on this forum.

regards,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Feb 18, 2018 3:46 pm

Hi CR001,

Hope you are well?

Few more questions about dependent visa application and if you could help, it would be great.

I have been advised by the local council that when we apply to register our marriage, they would take down the details and than send it to the Home office which could take up to 70 days for them to approve for us to marry. is this the case?

Please advise.

Many thanks,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by Casa » Sun Feb 18, 2018 3:52 pm

HKN wrote:
Sun Feb 18, 2018 3:46 pm
Hi CR001,

Hope you are well?

Few more questions about dependent visa application and if you could help, it would be great.

I have been advised by the local council that when we apply to register our marriage, they would take down the details and than send it to the Home office which could take up to 70 days for them to approve for us to marry. is this the case?

Please advise.

Many thanks,
HKN
Correct. (CR001 isn't currently online).

The HO can interview you both separately before the marriage can take place, should they choose to do so.
(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.

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Feb 18, 2018 3:57 pm

Hi Casa,

Please advise if there is a quicker process? and if possible, could you kindly breakdown the procedure? She would be on student visa when we make dependent visa application.

Many thanks,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by Casa » Sun Feb 18, 2018 4:00 pm

HKN wrote:
Sun Feb 18, 2018 3:57 pm
Hi Casa,

Please advise if there is a quicker process? and if possible, could you kindly breakdown the procedure? She would be on student visa when we make dependent visa application.

Many thanks,
HKN
Do you mean a quicker option for marrying in the UK, or for submitting a spouse visa application? Bear in mind that she will not be considered as your dependent until you are married.

Once you are legally married, your wife would submit a FLR(M) application. Do you meet the minimum income level of £18,600 p.a?
A1 level English from a Home Office approved list is also required.
(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.

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Feb 18, 2018 4:03 pm

HI Casa,

She will be in the UK on student visa and we plan to marry at the end of this year and apply for her dependent visa afterwards.

regards,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by Casa » Sun Feb 18, 2018 4:20 pm

Casa wrote:
Sun Feb 18, 2018 4:00 pm

Do you mean a quicker option for marrying in the UK, or for submitting a spouse visa application?
(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.

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Feb 18, 2018 4:25 pm

Hi Casa,


yes, is there a quicker option for marrying in the UK? Afterwards, i will be applying for her dependent visa and plan to make a same day application.

Many thanks,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by Casa » Sun Feb 18, 2018 4:30 pm

HKN wrote:
Sun Feb 18, 2018 4:25 pm
Hi Casa,


yes, is there a quicker option for marrying in the UK? Afterwards, i will be applying for her dependent visa and plan to make a same day application.

Many thanks,
HKN
No quicker option. You can only hope that the HO don't choose to extend the marriage registration process to 70 days, but you have no influence over that. :idea:
(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.

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Sun Feb 18, 2018 4:37 pm

I hope they respond within 28 days.

Would they be interviewing us within this period? and what will be the next step once we receive approval from Home office?

I hope I am not annoying you with my questions.

regards,
HKN

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by Casa » Sun Feb 18, 2018 5:47 pm

HKN wrote:
Sun Feb 18, 2018 4:37 pm
I hope they respond within 28 days.

Would they be interviewing us within this period? and what will be the next step once we receive approval from Home office?

I hope I am not annoying you with my questions.

regards,
HKN
You may be interviewed, you may not.

1. Once you are given permission to marry you can arrange the date for the wedding with the Registrar.

2. When you are married your wife will submit a FLR(M) application (as I've already explained).

https://www.gov.uk/government/uploads/s ... -04-17.pdf

The current visa fee is £933 (+ £590 for an in-person application). She will also have to pay the £500 NHS surcharge (due to increase to £800 soon).
All visa fees are expected to be increased on the 6th April 2018.

Are you aware that it could take 6 months for a decision to be made on your BC application and that you won't be a British citizen until you have attended your citizenship ceremony. :idea:
(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.

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Re: Switching from Tier 4 Visa to Spouse Visa

Post by HKN » Wed Feb 28, 2018 2:06 pm

Hi Casa,

Thank you for the information.

Yes I am aware about the BC application's duration.

I hope i get it sooner though.

Please could you let me know if my fiancée should pay for health surcharge with her current student visa application?

She has already paid it in her last visit to the UK and is also registered with the local GP.

Thank you
HKN

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