End study after marriage?

[MINANTRA]

Hi people,
My partner is currently in UK on a study visa which ends Feb 2012, however, we are getting married August 20th :)
My question is, does she need to finish her study at college and then apply for a spouse visa, or can she apply for a spouse visa after we have married and stop studying at college after 20th?

How much does a spouse visa cost? How long does it take to receive the spouse visa?

Many thanks in advance for all help.

[MINANTRA]

We are getting married August 20th 2011.

[joebloggs]

i take it your British, if so she can apply for FLR(M) anytime after your married but before her student visa expires.

cost i think is £550 by post, or £850 at a PEO (same day)

how long it takes probably around 4wks+

and dont forget your wife might need to pass an english language test before she can apply for FLR(m)

[Bluebirdjones]

Mate, I don’t want to be the one that’s gonna piss on your parade, but it ain’t as clear-cut as you think.

Your partner arrived on a study visa, and that cannot be extended by applying for the FLR.

The fact that you are getting married is immaterial ….. as they (the Embassy / UKBA) has not at any time granted you a spouse/fiancé visa. Granted, the authorities have “sanctioned” the marriage, but under the law they cannot do anything but.

(Look at it this way….. eg, u go to the Philippines & marry a girl. You’d still have to apply for a spouse visa to bring her to the UK, which would be dependent on conforming to UKBA regulations….. so why is it any different if u marry here ?)

Yes, you can apply for the FLR but it is likely to be refused. The UKBA “advice” will likely be, go back to the Philippines & apply from there. From my recollection, you cannot apply for the spouse visa whilst here (in the UK).

Look at this thread ……http://filipinaroses.com/showthread.php/31562-I-have-been-turned-down-for-my-application-for-the-FLR

This young girl (and her husband, who I know very well) arrived on a visitor’s visa …… now substitute “visitor’s visa” for “study visa” ….. you see the problem ???

[joebloggs]

it is possible for someone on a student visa to marry and switch visa's and stay in the uk without having to go back to the phils

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/#header2

visit visa is different, - there in no switching .. but if she held out long enough she might have been able to stay..

[Bluebirdjones]

Ah .... wasn't aware of that.

So technically, could you arrive on a visitor's visa, apply to switch to a study visa, and if successful, then marry & apply for a spouse visa ?

[joebloggs]

no bluebirdjones in simple terms no switching from a visit visa to anything else, (only switching might be to a unmarried partner visa- but your friend is married) but i think your friend should have applied for FLR using article 8 of the human rights act, and used FLR (o) (outside immigration rules), and asked for discretionary leave to remain, but it could take years to be granted :cwm24:

whats happened to her now ? any ideas ??

[Bluebirdjones]

Joe, I'll PM you.

BBJ