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Hello there,

This is Abhilasha from UK. I have indefinite leave to remain in the UK. I just got married on 10-June-2012 in England. My husband (from India) was on student visa at the time of marriage and still is. I never worked before as I was in full-time college and now in full-time University. But I started working just the day after marriage. Since then I'm working 30 hours a week, so it has been 2 months now. However, we do not have to pay and rent or bills because we're living with my parents at their home. My husband has no permission to work here. I am very confused and worried about:
-how to apply to change his visa from student to dependent?
-does he has to go back to India for applying?
-when is the most suitable time to apply? for e.g. 3 months after marriage etc
-does it matter how much I earn while studying?
-does he have to pass any tests e.g. life in the UK test or any others?
-what other requirements do we need to fulfill?
-Do the new immigration rules (the ones started on 9th July 2012) apply on us? We got married before those rules but have not applied to change visa yet.

I'll be very thankful if any of you could help us. My husband's visa will expire in February 2013, so I seriously need help.

thanks
Abhilasha
 

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Hello there,

This is Abhilasha from UK. I have indefinite leave to remain in the UK. I just got married on 10-June-2012 in England. My husband (from India) was on student visa at the time of marriage and still is. I never worked before as I was in full-time college and now in full-time University. But I started working just the day after marriage. Since then I'm working 30 hours a week, so it has been 2 months now. However, we do not have to pay and rent or bills because we're living with my parents at their home. My husband has no permission to work here. I am very confused and worried about:
-how to apply to change his visa from student to dependent?
He needs FLR as spouse of a settled person. You need to be earning at least £18,600 a year for 6 months before you can sponsor him, or combined savings of £62,500 held at least 6 months, or a combination of the two.

-does he has to go back to India for applying?
No, he can apply in UK. But see below.

-when is the most suitable time to apply? for e.g. 3 months after marriage etc
At any time before his Tier 4 expires.

-does it matter how much I earn while studying?
Yes, absolutely crucial as above. If you don't earn that much and have no savings of that level, you cannot sponsor him.

-does he have to pass any tests e.g. life in the UK test or any others?
Unless he holds a degree taught in English, he needs to pass an appropriate English test. See UK Border Agency | English language requirement

-what other requirements do we need to fulfill?
-Do the new immigration rules (the ones started on 9th July 2012) apply on us? We got married before those rules but have not applied to change visa yet.
Since your husband hasn't applied before 9th July on family migration route, the new rules will apply.

So what you need is a job earning you at least £18,600 a year for 6 months, or in a job for 3 months but in the previous 12 months have earned £18,600 through other incomes or savings. If he can then apply for FLR before his present visa expires, he can do so in UK. If not, he has to return to India and apply for a spouse settlement visa there.
 

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New Immigration rules do not apply on students on tier 4 visa

Hi respected Joppa,

We actually had a long appointment today with an immigration lawyer. We were quite stressed before as my earnings were not anywhere near £18,600. However, we are feeling very much relaxed and confident since the meeting happened.

The lawyer said that the rules about earnings do not apply on anybody who is in the UK through points-based system. So, also Tier 4 student visa is immigration route on points based system. However, all other rules do apply i.e. life in the uk test etc. Going to see him next Tuesday again to discuss more about it.

Thanks
abhilasha
 

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Hi respected Joppa,

We actually had a long appointment today with an immigration lawyer. We were quite stressed before as my earnings were not anywhere near £18,600. However, we are feeling very much relaxed and confident since the meeting happened.

The lawyer said that the rules about earnings do not apply on anybody who is in the UK through points-based system. So, also Tier 4 student visa is immigration route on points based system. However, all other rules do apply i.e. life in the uk test etc. Going to see him next Tuesday again to discuss more about it.
I frankly fail to see what your lawyer is talking about. Yes, your husband has been on student visa but now he is trying to stay in UK as a spouse of a settled person, so financial requirement will apply.
 

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You might want to read the following website of some visa consultants, who should know what they are talking about:

While on a Tier 4 you are have the ability to switch to another visa - if you are on a course of more than 6 months - you still need to qualify for said spouse visa.

Spouse Visa | Unmarried Partner Visa | Immigration Solicitors | Kadmos

You and your husband have to comply with the minimum financial requirements of 18,600 UKP per annum.
 
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