On the 6 months visa validity issue

[Triangle]

Hello all,

I have a question about the 6 months visa validity issue...

My question goes:

Does this rule apply for all kind of visas that when they were issued they were issued to be for 6 months or less AND visas that were issued for more than 6 months but the remaining time for expiry is 6 months or less?

To elaborate more: I am married to my EU-citizen wife and I am on a student visa...my student visa will expire in two months...

Can I apply to change my status to spousal visa? or because I have only 2 months remaining in my visa I will be refused?

Thanx alot guys...

Regards

[Chess]

Triangle,

Yes ...you can apply for change of status - make sure you apply before your leave to remain runs out.


I remember Kayalami......on the 'old forum' gave advise on the forms that must be filled in, but I am sure s/he will place them again on this new board.

Good Luck

[Kayalami]

Does this rule apply for all kind of visas that when they were issued they were issued to be for 6 months or less AND visas that were issued for more than 6 months but the remaining time for expiry is 6 months or less?

The rule is that any person holding a visa initially issued for 6 months or less when they wish to apply/switch to the spouse category will not be able to do this 'in country' but must return to their home country and apply for a spouse visa. The government wants those people intending to get spouse status to apply for a fiance/e visa overseas and pay the appropriate fee instead of entering the country as visitors only to get married 'unexpectedly' and change status. Typically those granted 6 months or less are visitors. However the same rule would apply if you were here on say a 3 month work permit or short course student visa.

To elaborate more: I am married to my EU-citizen wife and I am on a student visa...my student visa will expire in two months... Can I apply to change my status to spousal visa? or because I have only 2 months remaining in my visa I will be refused?

Depending on your spouse's nationality you may apply for a change of status either under European law or the immigration rules (where she/he is a British Citizen). I need to know her/his occupation if a EU citizen who is not British to advice on eligibility for right of residence under EU treaty laws. The remaining validity of a visa is not an issue but you must always apply for a new visa or an extension before the expiry of your current visa. The chances of success for a change of status depend on you meeting the rules or treaty laws as appropriate - can you provide details on your spouses nationality and occupation.

[Triangle]

Thank you Kayalami and Chess for the reply...

My wife is Greek, and she worked in a club as a bartender...however she stopped for the last 2 months trying to find a better job to suit here qualifications...

Thanx a million

[Kayalami]

You may apply to change your status to the dependent spouse of an EU national. Your wife would have to show she was exercising treaty rights in the UK - i.e. employment or self employment. It would be better if she had a job when you apply for the EU national dependent status. However if this is not the case she must not be on state welfare e.g. Income Support etc. There is no fee or application form required so you could write a letter with a request for this change in status. However its best for your wife to apply for a EU national residence permit and include you as her dependent on it using Form EEC1 because it covers what the Home Office will need to know to verify the issue of treaty rights. You need to submit with it a marriage certificate, her passport or identity card, your passport, photos, and bank statements/proof of funds.

Make sure you apply before the expiry of your student visa. Once the application is processed you will get a blue booklet as evidence of your EU national dependent status as well as an endorsment on your passport. Based on your wife's level of economic activity the residence permit may be of 1 year rather than the standard 5 year duration. I wouldn't worry too much in this case because you can apply for another one after a year - the permit is being scrapped from 2006 in any case .

Good Luck

[Chess]

Kayalami,

Where do you get all this information from? you always pull out another trick out of the hat


If you wote a book entitled " Immigration made Simple" - it would be a best seller

Have a jolly good weekend - and dont do anything my mum would not approve of

[Kayalami]

Just a general interest in immigration law..perhaps I will be an Immigration Officer in my after life. As for the book writing I need a publisher and a GBP 1 million advance fee - you offering .

and don't do anything my mum would not approve of

And what would that be then .