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Discussion Starter · #1 ·
I have been on student visa but couldn't finish my sch due to lack of funds. I have been living with my girlfriend close to 2 yrs now. We both plan to get married before I received a letter titled variation of leave and decision to remove. The letter curtailed my visa to 16 November 2013 , however the letter state I could apply before the date if I wish to stay in the country. Please I would like to know my chances if I apply in this circumstance. Also I would like to know if financial requirement on spouse visa of 18600 could be the combination of my earnings as part time worker and my partner's income
 

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Please give the details of the Home Office letter you have received, quoting it word for word.
 

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Variation of leave and decision to remove.

The decision has been made in line with immigration rules. You were granted leave in the UK as Tier 4 General student until 30 January 2014 in order to undertake a course of study at the University of Portsmouth . However, the Home Office was informed by the University of Portsmouth on 05 April 2013 that you ceased studying with them.

The Home Office record has been checked and there is no evidence that you made a fresh application for entry clearance. Leave to enter or to remain in the UK in any capacity.
Therefore, as you have ceased studying as notified by your Tier 4 sponsor, the Secretary of State, having taken into accout all circumstances of your case, is not prepared to execise discretion in your favour, your leave therefore is curtailed under paragraph 323 A (a) (ii) (2) & 323 (ii) of the Immigration Rules until 16 November 2013
You are not entitled to appeal. You still have leave to remain where your current conditions continue to apply. Please ensure that you understand the conditions of your stay.

Although you are not required to leave the UK at the time your leave to remain in the UK is due to expire on 16 November 2013, you need to make arrangements to plan your departure before your leaves expires. If you intend to remain in the UK after this time you should make a futher application for leave before your current leave expires. Please see Home Office websites for details of how you can make an application.
 

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The Home Office is quite correct to cut short your leave to remain because you have left the course. While you can't appeal against it, you can still switch to another visa before 16th November, the new expiry date of your leave. If you have lived together for 2 years by the expiry date, you may be able to switch to unmarried partner leave, or you can get married on your current leave and switch to leave to remain as spouse, but in order to successfully apply for either, you need to meet the financial, accommodation and relationship requirements. If your combined income comes to £18,600, you will meet the financial part, and provided you meet the other two, with evidence, then approval is possible (but nothing is guaranteed).
 

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You need to have accommodation suitable for a couple.
You can try same-day premium service, but be prepared to be told to apply by post when you turn up.
 

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Discussion Starter · #9 ·
Thanks for uour help Joppa. Pls I would like to know if I could add my partners child benefit as part of her income. Thou her child doesn't stay with her.
 
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If her child doesnt live with her and she is still claiming benefits for them she is committing benefit fraud and sill probably find herself in a whole heap of trouble once she declares she is claiming for your application.
 

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Thx for that alert

Pls I like to know which category I fit into, I have worked with different employers in a space of 12 month and my partner has only one employer. We are combining our income to meet the threshold of 18600. Would like to know pls if category B is the appropiate. Also on accomodation, is tenancy agreement enough. The tenancy agreement shows 4 rooms in flat but its been shared with only one person, thou not included in the tenancy agreement. Thanks for you candid advice in adv.

Joppa hope u can help pls on this question
 

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Discussion Starter · #12 ·
Thx for that alert

Pls I like to know which category I fit into, I have worked with different employers in a space of 12 month and my partner has only one employer. We are combining our income to meet the threshold of 18600. Would like to know pls if category B is the appropiate. Also on accomodation, is tenancy agreement enough. The tenancy agreement shows 4 rooms in flat but its been shared with only one person, thou not included in the tenancy agreement. Thanks for you candid advice in adv.

Joppa hope u can help pls on this question
Pls someone should pls help
 

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Cat B is fine. Make sure you enclose all required documents.
For accommodation, I recommend property inspection report, often available from local council.
 

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Discussion Starter · #14 ·
Hello everyone. I am worried. I submitted my application 2 days ago but I am worried I couldn't provide all bank statement of my spouse because her account was closed by Barclays bank. However I enclose the letter of closure and other statement from Barclays (incomplete). Also attach all statement from her new bank. Pls would like to know my chance as there is no way to get a statement of a closed acct. Her payslip was 12 month and intact with a letter from her employer.
 

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Provided you have uninterrupted statement from both banks for a period of a year, it should be fine. But if there is a gap, and from a closed account, you may have a problem.
Why didn't you ask here first before applying?
 

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Discussion Starter · #17 ·
I got my VISA today. I would like to thank everyone on this brilliant forum, special thanks to Joppa, nylon. I have learnt so much on this forum. My application takes just 36days, despite the fact that my application is not straight forward because I have some issues, and I have been givem notice to leave the UK. I would have spent thousands of pounds to lawyers if not for this forum. Many thanks and God bless this FORUM
 
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