Partner Visa Application for Chinese student in UK

[kr1s]

Hi.
I'm hoping someone here will be able to help.
I have done a search and couldn't easily find the answer already on here.

I am a UK national. My girlfriend is Chinese and has been living with me in UK since February 2014 under a Tier 4 study visa. (She is studying full time for an ACCA qualification).
That visa will expire in October this year and we would like to apply for a partner visa for her.

My question is: Can this be done from within the UK and if so, which would be the correct form? (All of the info I have found assumes that if applying for leave to remain as a partner, you are already here as a partner, not a student).
Also, is there any reason we can't apply now - a partner visa would be beneficial to her as soon as possible as it would allow her to work, which her study visa does not.

Thanks in advance for any help.

Chris

[Casa]

Yes you can apply now, assuming you have documented evidence of a relationship 'akin to marriage' (living together, shared finances etc) for a minimum of 2 years. You will also have to show that you meet the minimum income level of £18,600 p.a, but this can be joint earnings. A1 level English test unless exempt.
This application can be submitted from within the UK on form FLR(M). Your partner will also have to pay the NHS surcharge of £500 in addition to the £811 visa fee (postal) or £1311 (in person).
https://www.gov.uk/remain-in-uk-family/apply

[CR001]

Yes, she can apply within the UK provided you meet all the requirements. And she would be apply for 'leave to remain' as she is in the UK. Form FLR(M), unmarried partner visa.

If you have been living together for 2 years, you/she will have to submit 2 years worth of cohabitation documentation. If you do not meet the 2 year cohabitation requirement for an unmarried partner visa, it will be refused.

Do you earn £18,600pa?

She will need English A1 from an approved test provider.

Edit : #Casa again, speedy gonzales

[noajthan]

Hi.
I'm hoping someone here will be able to help.
I have done a search and couldn't easily find the answer already on here.

I am a UK national. My girlfriend is Chinese and has been living with me in UK since February 2014 under a Tier 4 study visa. (She is studying full time for an ACCA qualification).
That visa will expire in October this year and we would like to apply for a partner visa for her.

My question is: Can this be done from within the UK and if so, which would be the correct form? (All of the info I have found assumes that if applying for leave to remain as a partner, you are already here as a partner, not a student).
Also, is there any reason we can't apply now - a partner visa would be beneficial to her as soon as possible as it would allow her to work, which her study visa does not.

Thanks in advance for any help.

Chris

A partner is not a girlfriend, a partner is someone in a relationship 'akin to marriage' (for 2 years or more).

There are no girlfriend/boyfriend type visas in the world of UK immigration - just marriage, spouse or fiancee.
Alternately the appropriate visa for a student would be a Tier 4 student visa.

[kr1s]

Thank you both for the quick response.

My salary easily meets the requirement.
She recently scored IELTS 6.5
The only evidence we have of shared finances is a joint bank account since Oct 2014.
We have correspondence to each of us at the same address(es - we moved in June 2014) since Feb 2014 as well as a letter from the council tax office stating that they have been aware of her living with me at those addresses for the full period.
The correspondence we have is not as evenly spread as would have been ideal, with nothing addressed to her in 2015. Do you happen to know whether this is likely to cause a problem?
Incidentally I also have copies of letters I wrote to the Border Agency to accompany her original application explaining that we were in a relationship and she would be living with me for the duration of her studies.

Thanks again

Chris

[CR001]

The correspondence we have is not as evenly spread as would have been ideal, with nothing addressed to her in 2015. Do you happen to know whether this is likely to cause a problem?

Yes, this will be a problem. HO want to see documentary evidence of cohabitation in a 'relationship akin to marriage' for a minimum of 2 years. This is the most important aspect you/she have to meet in order to apply for an unmarried partner visa.

[kr1s]

Hmmm, that's bad news. I understand the importance of the requirement and we genuinely meet it but I'm now worried because I'm struggling to think how we might prove it for that period.
Any ideas/suggestions would be much appreciated.
Bodies that I can think of that are aware of her having been there are her college, doctor, dentist, local council and bank.
Again, many thanks
Chris

[CR001]

You need dated evidence spread across the period, of letters etc that are addressed to her or both of you jointly. If you don't have anything, getting letters now will not solve your problem.

Do you have any plans to marry??

[kr1s]

Do you have any plans to marry??

Not in the immediate future.

Are online order delivery notes likely to help?

[CR001]

No because I can order online and have it delivered to any address in the UK. It doesn't prove anything.

Does she not have a single letter etc addressed to her for 2015? Was she staying with you or somewhere else?

[kr1s]

She was living with me and did receive post, but didn't keep any of it. By that time the important stuff like banking/driving license etc. were all arranged and stable and most correspondence was on-line.

[CR001]

Are you not able to print online things off (what are they) or request statements etc?

[kr1s]

I will see whether there's anything like that with our address on.
Thanks

Chris

[kr1s]

OK, she's got three emails with exam results from ACCA which have our address on.
We can print bank statements which show current address as well as dated transactions, but states the current date printed so I'm not sure whether this helps.

[kr1s]

Hi all

We've now managed to scrape together enough letters to (hopefully) meet the requirement.
All the other documents will be pretty straightforward, so now my question is:
Is our case likely to be straightforward enough to use the premium service or is it better we use the postal service?

Thanks again

Chris

[CR001]

What all have you got now in documents for the 2 year period?

[kr1s]

She has bank letters, driving license, letters from college and copies of emails from ACCA which have our address on.
I have bank letters, letters from district council, electric bills, car insurance renewals.
To be absolutely specific about dates will have to wait until I get home and can look through them again, but they are reasonably spread out.

[CR001]

Reasonably spread out is good, roughly a couple of things for every 3/4 months.

[kr1s]

Below is a list of the documents she has with dates.
Do you see any issues?
Thanks again
Chris

Capture.PNG (24.58 KiB) Viewed 476 times

[kr1s]

Anyone got any idea whether the email prints are likely to be a problem?
The form states in one place that all documents must be original otherwise the application is likely to be rejected, and somewhere else that if copies are used a cover letter should be included to explain why.
We can do this but would like some idea how likely we are to be wasting our application fee.

[Wanderer]

Anyone got any idea whether the email prints are likely to be a problem?
The form states in one place that all documents must be original otherwise the application is likely to be rejected, and somewhere else that if copies are used a cover letter should be included to explain why.
We can do this but would like some idea how likely we are to be wasting our application fee.

They need to be originals.

[kr1s]

So emails are actually no use then?
Thanks
Chris