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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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, I am currently living in the UK with my partner, and

Customer Question

Hello, I am currently living in the UK with my partner, and recently tried to change visa categories from a Tier 4 student visa to a family visa based on our relationship. As far as I know, we met all the requirements for a partner visa (we have a combined income of over £20,000 and provided proof of living together for more than two years, etc. etc.). My visa application was returned unprocessed, because I have a lot of extant leave on my current student visa. So, I am wondering when I would be able to apply to change categories. I am a PhD student, and my visa will expire in February 2018. However, my thesis will probably be handed in by April 2017, at which point I will be considered enrolled less than half time by the university, and have to start repaying my US student loans. My viva is unlikely to be before August 2017, and if I have very few corrections, I may have completed them by September 2017. So, I am unclear on which of these many dates is related to when I can apply to change visa category. I understand that for the year long work visa following a PhD, you apply after any corrections to your viva have been submitted. Would this be the case for changing to a partnership visa as well, or could I apply to do that just before/after submitting my thesis? The thing is, once my thesis has been submitted, I'm not really a student anymore, and would like to be able to start looking for a job with my partnership visa in hand. If I have to wait until my viva corrections have been handed in, that could be up to six months after I've really stopped being a student, which is a long time to wait to find a permanent job!
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you please clarify the reason for refusal again?
Kind regards
Customer: replied 2 years ago.

Hi,

My application wasn't refused, it was simply not processed. Apparently this is because I have a large amount of extant leave on my student visa (which is set to expire in February 2018).

Hope this makes things more clear.

Thanks for your help

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I am not sure exactly why they would not process an application if you had paid the fees and submitted a valid application.
Is it possible for you to attach the letter from the Home office?
Kind regards
Customer: replied 1 year ago.

Attachment: 2015-01-30_134209_visa_response.pdf

Here is the letter I recieved from the UKBA. Hope this clarifies things.

Thanks,

Stacia

Customer: replied 1 year ago.

Were you able to view the letter I attached from the Home Office?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Yes I have now reviewed the letter and I am still unable to understand why an application will not be considered regardless of the fact that you have leave to remain the home office should consider your application and then make a decision. I believe you should write back to the caseworker worker and ask for a more detailed explanation as to why your application was not considered. The home office should have processed your application.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
Expert:  UK_Lawyer replied 1 year ago.

I hope this answers your question, if so please provide a rating so I can get credited for my time.

Kind regards

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