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How can graduating students stay in UK??

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simonhksc
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How can graduating students stay in UK??

Post by simonhksc » Wed Feb 04, 2015 8:52 pm

First things first, I'm new to this site, so unsure if I have posted in the right section.
Anyway, my girlfriend is from Hong Kong and would like to stay in the UK with me to work and plans to eventually settle. I am british incidentally. I am 19 and she is 21.
Before we look at the gov.uk websites I just want to hear opinion and information slightly easier to understand.
How can she stay in the UK? She will graduate in July, and is on a student visa now. Can she get a work visa and eventually settle??
If this helps, she has a British National Overseas passport (BNO), does this have perks to staying in the UK? Can she apply for citizenship etc...
Any help appreciated, she wants to stay here in the United kingdom quite badly.
Thanks for any help.

Wanderer
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Ireland

Re: How can graduating students stay in UK??

Post by Wanderer » Wed Feb 04, 2015 8:57 pm

Marry her - u only need to earn £18,600 pa.

IIRC, BNO grants no favourable status, so see an immigration lawyer about that - a good (not cheap) one.

She could get a work visa, but with no experience I'd say forget that, she'd be at the end of a long queue of more suitable people, not to say Brits and EU Citz before these.
An chéad stad eile Stáisiún Uí Chonghaile....

simonhksc
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Posts: 5
Joined: Wed Feb 04, 2015 8:44 pm

Re: How can graduating students stay in UK??

Post by simonhksc » Wed Feb 04, 2015 9:02 pm

Thanks for the help Wanderer.
Is marriage really the only option?
Goddamn the UK immigration laws!!

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: How can graduating students stay in UK??

Post by Wanderer » Wed Feb 04, 2015 9:09 pm

simonhksc wrote:Thanks for the help Wanderer.
Is marriage really the only option?
Goddamn the UK immigration laws!!
Another student visa is possible if it;s academic progression. Not cheap though.
An chéad stad eile Stáisiún Uí Chonghaile....

simonhksc
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Posts: 5
Joined: Wed Feb 04, 2015 8:44 pm

Re: How can graduating students stay in UK??

Post by simonhksc » Wed Feb 04, 2015 9:11 pm

Thanks for the help wanderer

secret.simon
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Re: How can graduating students stay in UK??

Post by secret.simon » Thu Feb 05, 2015 11:32 am

How long have you known her for? If it has been for more than two years and you have documentary proof (phone call logs, Skype logs, photographs of vacations together, etc),she could stay as an unmarried partner of a British citizen. It is harder than the marriage route, but something that you would want to explore before going down the marriage route, given your relative youth.

What has she studied? Is she likely to be able to get a Tier 2 sponsorship in her field? She should start exploring that now, though as Wanderer said, given that UK/EU citizens do not need sponsorship, she would need to be amazing in her field to get a sponsored job.

If you are feeling adventurous and have good job prospects, you may want to move with her (as unmarried partner) to Ireland or another part of the EEA for atleast 3-6 months and exercise treaty rights (i.e. get a job or study). It is called the Surinder Singh route. It has been heavily amended by EU case law and is frowned upon by the Home Office, but perfectly legal. Google Surinder Singh route for more information.

Apart from giving her the right to vote (I believe), being a BNO does not give her any special rights in the UK. It was a category created specially for HK people not to flood into the UK when HK reverted to Chinese rule.

<sarcasm>Don't diss the UK Immigration laws; it is after all the will of the British people, such as yourself, voiced through their duly elected representatives </sarcasm>.

Seriously though, I hope you would appreciate now that it is not that easy for immigrants in the UK, regardless of what the Daily Wail or the Torygraph say. I also hope that you make your friends aware and vote responsibly in the forthcoming elections.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: How can graduating students stay in UK??

Post by secret.simon » Thu Feb 05, 2015 2:26 pm

Found this online. It is very specific and will almost certainly not apply if your girlfriend is of Chinese descent (China considers all people of Chinese descent in HK as Chinese citizens, irrespective of whether they have a British passport or not). But worth a shot if that is not the case.

http://www.arshadmahmood.com/british-ci ... y-bno.html
Registration As British Citizen If You Are A British National (Overseas) With No Other Nationality

Followings are the requirements you need to meet to be eligible for registration as a British citizen by descent.

You must:

be a British National (Overseas);
not hold any other citizenship or nationality;
not have given up any citizenship or nationality;
not have lost any citizenship or nationality by action or inaction.
It is possible to be a citizen or national of a country even if you have never held a passport issued by the authorities of that country. You should make sure this does not apply to you before you make your application.

simonhksc
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Joined: Wed Feb 04, 2015 8:44 pm

Re: How can graduating students stay in UK??

Post by simonhksc » Thu Feb 05, 2015 6:12 pm

She is ethically chinese. Most people in Hk are ethnically chinese.
But thank you very much secret.simon for your time and effort.
It has helped me a lot and she will probably stay on for a masters next year in her accounting and management course. She may then stay on to work as she likes the UK too.
Thank you wanderer but many many thanks to secret.simon!

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