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Ask Frantz I Your Own Question
Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My name is***** already have a uk bachelor degree and

Customer Question

Hi,
My name is***** already have a uk bachelor degree and a master degree. I am curently on tier 4 student visa and i am not allowed to work as it says on my biometric card. My current visa expires on 29/06/2016. I am about to marry my partner who is a British citizen. She has a part time job and she only gets paid about £100 per week. She has been with the current employer for 5 months and she did not work anywhere else previously. Shes living with her older sister in a council house. We are planing that after getting married she will come and live with me at my current acommodation. I am aware that in order to satisfy the financial requirements she has to earn atleast 18,600 per annum but she does not. I have some cash saving in Vietnam which i received from my parents as a gift for my marrage ( the total saving is equal to £62,000 and has been in the bank account in Vietnam for more than 6 months, the account is under my name). I would to know
1. If i can use the cash saving that i have in Vietnam to prove that i meet the financial requirements
2. As for acommodation, what do i need to prove that i meet the accommodation ( utilities bills, tennancy agreement )
3. We havent registered with the local office yet. Apparently, the give notice period can be extended up to 70 days. In case that my visa expires ( but still within 28 days from the expiry date). Can i still apply for spouse visa in the Uk ( i am aware that i am allowed to overstay no more than 28 days) or i have to go back to Vietnam before i current visa expires and apply from Viet nam ?
4. Any other documents that i have to have before apply for spouse visa ?
Regards.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry.Yes you can use cash savings held in Vietnam provided that the account is held your name and in the appropriate regulatory body in Vietnam and the financial institution does not appear on the list of excluded institutions under Appendix P to the Immigration Rules. For your accommodation you should also provide your tenancy agreement as well as the bills.You should avoid overstaying your visa even if you have a grace period of 28 days. This may affect further applications in the UK. You may not be allowed to marry without a valid visa. You can marrying in the UK and switch into a family-based visa (Spousal visa) before your current visa expires but not after your visa expires. Otherwise you would be expected to go home and apply for entry clearance. You must extend your visa before it expires. For guidance on further documents required see https://www.gov.uk/remain-in-uk-family/overview **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hi Frantz,What if we get married before my visa expires but submitting my application several days after my visa expiry date ? Do i have to leave the UK and apply outside from my home country ?As for acommodation, i am currently sharing flats with my mates so i can only have the tenancy agreeement of my double room. I dont think i can put my wife and me on the bills. The flat has 2 double room and one living rooms which is currently occupied by 3 tenants. Is the tenancy agrreement itself enough ?Regards
Expert:  Frantz I replied 1 year ago.
HelloWhilst you should avoid overstaying your visa, the immigration rules for a family-based visa under Appendix FM disregards ***** ***** overstaying of 28 days or less. The immigration rules also allow switching in the UK for those who have overstayed up to 28 days so you do not have to leave the UK. With regard to accommodation, it must be adequate and any area of accommodation may be as small as a separate bedroom as long as it is exclusive to the sponsor/applicant. It must not contravene public health regulations. The permitted number of persons allowed in 1 room is 2 persons.
Frantz I and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Do i have to provide the tenancy agreement when apply for apouse visa ? Is it enough if i can only provide some bills with the names of both of us ( council tax, gas, water )?
Expert:  Frantz I replied 1 year ago.
It is standard practice to provide a tenancy agreement and bills.
Customer: replied 1 year ago.
There are 3 people name on the tenancy aggreement who are my wife, a friend of mine and myselt. The council tax bill also include 3 of us. I would like to know if i can use this tenancy aggrement and this council tax bill to apply for my visa. Does my friends name on these documents affect my application ?
Expert:  Frantz I replied 1 year ago.
As long as you and your wife have exclusive possession of your living area.

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