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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My brother is an international student who first came to UK

Resolved Question:

My brother is an international student who first came to UK in 2007. He has since completed one degree and has passed most of the papers for a postgraduate professional degree with few papers remaining.
Recently the licence of the college he was studying at has been revoked by UKBA which automatically curtail validity of his visa to 60 days during which he must find an alternative college or leave UK.
He has been engaged to an Indian national (holding indefinite leave to remain) since April 2014 and is getting married next Friday.
My question is
1) will he be able to apply for spouse visa as long as he does this within 60 days of sponsors licence being revoked and if so, what will be his status in the interim
2) if he will still be regarded as on student visa than does he need to find an alternative college. The problem he has got is none of the highly trusted sponsors are offering full time course start until Feb 2015.
3) In the case of visa refusal, does he have right to appeal from within UK. Whilst I understand and appreciate UKBA is after tackling sham marriages, this relationship can be proven by phone bills, engagement photographs and video in a venue and they being living together.
Please note his original visa was due to expire mid feb and was issued for a year and the licence has been revoked on around 6th October.
Any assistance will be appreciated
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Thank you for your questions which I would respond to as follows:
1) yes, he may apply for a spouse visa within the grace period of 60 days, this has to be done on form FLR(M), until his application is processed, his student visa will be deemed to continue until the new application is processed.
2) he may apply for the same day spouse visa service so that his status will change much quicker and he would not need to worry about finding an alternative college
3) yes, he will have the right to appeal against any refusal.
Hope this helps
Customer: replied 2 years ago.

Hello

Thank you for your prompt reply. I shall be grateful for some further clarifications

1) Thank you for confirming his student visa will deem to continue but the question is whether he is required to attend college during this period. As mentioned previously, there are no highly trusted sponsors offering full time intake until after Feb 2015.

If he is required to attend college than what are his options under the circumstances

2) I agree they can apply for same day service but we have got number of concerns with the way UKBA is perceived to be treating such applications.

His fiancée separated from her ex-husband in Sep 2013 and applied for divorce in Apr 2014 (after getting engaged to my brother). The divorce has only been granted last week whereas his visa is very close to curtailment date. I feel they will not look at the application favourably.

In your experience (and without holding you responsible for general advice) do you think this is likely to be a problem.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
Under the terms of his student visa, he should be attending college and he should simply continue attending his current college even though the college has had its licence revoked.
Secondly, if the marriage is genuine and your brother meets all the requirements for the spouse visa including the financial threshold, there is no reason to worry and it should really not matter that his fiancée got divorced very recently.
All the best
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