My husband decided to further his professional career by doing a postgraduate course in the UK. He came here a few months ago on Tier 4 student visa valid for a year and wants to complete his course.
We have considered to stay in the UK for good and are worried about how we would do this and the fastest procedure.
I contacted a solicitor and was informed that I should get re married through a registry office in the UK and then complete form FLR (M) to change the Student Visa into a Spouse Visa.
I contacted the Registry office but was told that if I get married in the UK I have to declare my marriage which took place in Iraq and say that the Iraqi marriage was invalid.
When my husband was questioned for the student visa in Iraq they asked whether he was married and he said yes and gave my details. The Registrar said that because of this the student visa will be considered as invalid and they will say that he lied also.
I was told that there is a way of taking a foreign marriage certificate and getting a certificate here to say that we are married but this is only for certain countries and Iraq is not within this so they cannot do this.
I contacted the home office who have said stated some conditions to prove that the Iraqi marriage is valid and upon those the marriage is valid.
My main problem is that they have said as the marriage took place before my husband was granted Tier 4 Entry Clearance and the caseworker may question this as his intention could have been to remain in the UK as my spouse, and the application will most likely be refused as the correct procedure would have been that he should have applied for spouse visa entry clearance and not Tier 4.
What should be done?? Help please!
