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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I´m a British citizen living in Ecuador, I got married two

Resolved Question:

I´m a British citizen living in Ecuador, I got married two years ago (in Ecuador), now I´m changing my career path and would like to go to the UK for a couple of years with my husband. He wants to study English (he does not speak English) and I would work. He can´t apply for a visa (joining a partner) as he wont be able to pass the English test, is there other way we can both live in the UK (we are not looking to get a residency), maybe with a student visa which seems to be easier?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I forgot to mentioned we been to the UK twice (as a couple) and next week we will be in the UK for the third time. At the moment he has a 2 year visa which will expire on September 2016.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Can you afford to pay for a Uk Course for him?

Customer: replied 1 year ago.
we have funds if needed
Customer: replied 1 year ago.
do you think is easier if I was in the UK?.. as I gather from the information he will still need to pass an English test.. we only want to have a taste of a Uk life..
Customer: replied 1 year ago.
on the way he wants to study english
Expert:  Clare replied 1 year ago.

If you can afford for him to do a course in the Uk then yes it would be best if he comes on a Student Visa

He can come for 11 months

https://www.gov.uk/study-visit-visa

and assuming that his English is then acceptable he can then apply to stay as your partner.

Please ask if you need further details

Customer: replied 1 year ago.
Is it hard to get a student visa?? Harder than a two year visa? D what do you reckon? Also do you think there can be a problem (questioning) if I go with him to the uk ? Thanks for your help
Customer: replied 1 year ago.
Also I read that the on a student visa he won't be able to extend his visa or change to other type of visa.. This means that he will need to go back to ecuador to apply for the join a partner visa given that his English improves??
Expert:  Clare replied 1 year ago.

It is not hard - they will need to feel certain that he will return at the end but it is a reasonable step to take

Whilst you cannot extend the Visa he can then apply for a spouse visa

Customer: replied 1 year ago.
Last question Clare, if he goes to the uk with a tourist visa is he able to then apply in the uk to a student visa?? Many thanks for your help
Expert:  Clare replied 1 year ago.

He can apply to remain with you if he has a Student Visa - there is no bar on doing so - more details here

https://www.gov.uk/remain-in-uk-family/eligibility

He can apply for a Student Visa if he is already here

Customer: replied 1 year ago.
Clare one thing that is not clear to me.. If he applies to the student visa (English course) what can he send as proof of accommodation. The following is on the visa website
...details of where you intend to stay and your travel plans - you shouldn’t pay for accommodation or travel until you get your visa.. This part is new to me and I'm not sure what they want I.e just a letter, a letting contract etc... Or they just need to see from your bank statements the money to support, if so what is a prudent amount to have in the bank account ?? Thanks for your help
Expert:  Clare replied 1 year ago.

I assumed that he would live with you wherever you are staying

Customer: replied 1 year ago.
If so he would just need to write it down ?? There is no other proof required ?
Expert:  Clare replied 1 year ago.

That is all - you just need to add evidence that you will be in the UK

Customer: replied 1 year ago.
What evidence is required?? .. That's what I been asking all along.. No answers from your part..
Expert:  Clare replied 1 year ago.

A note of the address you will be living at - a copy of any job offer - whatever you have that shows you will be in the UK - or even the address of the relative who will put you up.

Clare and other Immigration Law Specialists are ready to help you