Student to Spouse visa and initial entry

[catmando]

Hi,
I have posted a similar question in the student visa section, but have since noticed that people in the marriage part may be able to help me. I’ve noticed lots of people coming on student visas marry their UK partner when studying; normally they were in the relationship before getting the student visa. Did you all declare your relationship status with a British citizen before applying for the student visa?

My Canadian girlfriend wants to put my details on her student visa application so I can help fund her studies with my savings, and to be completely honest about her long-term relationship. But won’t this make them ask for proof that she will leave the UK after her MA ends? Won’t they be paranoid she will stay illegally afterwards? And if questioned should we tell immigration that there is at least some chance we will apply for settlement either as common-law or even as spouse later on, but that this isn’t definite as we both have careers that involve a lot of movement.

Sorry for asking again, but I’m trying to collect as much info as I can in order to make the best decisions early.
Best,
Armando

[ElenaW]

Hi,
I have posted a similar question in the student visa section, but have since noticed that people in the marriage part may be able to help me. I’ve noticed lots of people coming on student visas marry their UK partner when studying; normally they were in the relationship before getting the student visa. Did you all declare your relationship status with a British citizen before applying for the student visa?

My Canadian girlfriend wants to put my details on her student visa application so I can help fund her studies with my savings, and to be completely honest about her long-term relationship. But won’t this make them ask for proof that she will leave the UK after her MA ends? Won’t they be paranoid she will stay illegally afterwards? And if questioned should we tell immigration that there is at least some chance we will apply for settlement either as common-law or even as spouse later on, but that this isn’t definite as we both have careers that involve a lot of movement.

Sorry for asking again, but I’m trying to collect as much info as I can in order to make the best decisions early.
Best,
Armando

If she qualifies for a student visa, her relationship status is irrelevant. I thought that unmarried partner meant that both people had to be living together in a relationship akin to marriage and there is no tick for boyfriend/girlfriend. So single would make sense.

But in any case, they do not care about the relationship, only that she can satisfy all of the criteria of the student visa.

[catmando]

Hi!
Thanks for the quick reply. We have been living together for the past two years outside the UK and have a joint bank account, so probably should tick unmarried partner. Re: fulfilling the student visa requirements, I see what you mean, but isnt it a requirement that the student must leave the UK after the course has ended, and so the immigration officer must be convinced that this will happen?
Armando.

[ElenaW]

Hi!
Thanks for the quick reply. We have been living together for the past two years outside the UK and have a joint bank account, so probably should tick unmarried partner. Re: fulfilling the student visa requirements, I see what you mean, but isnt it a requirement that the student must leave the UK after the course has ended, and so the immigration officer must be convinced that this will happen?
Armando.

Yes in your case, unmarried partner is what she should tick.

Yes Armando, they will want proof that she will leave after her studies are finished. This is a requirement regardless of her marital status. Proof such as family ties or that she will pursue her employment in her home country. Maybe she'll want to take up more study in her home country, things like that.

Just out of curiousity, why not just apply for an unmarried partner visa if you've been living together for 2 yrs? This visa will allow her to study or work without restrictions (although she will still pay the international tuition fee).

[catmando]

Thanks again. I think with the unmarried partner visa, I would face the same problems as with the spouse visa? She has been the one with a job for the past two years, I've been supporting myself with my savings and through her (we live in north africa btw). Thus, I couldnt show six months of UK pay slips to prove that i could support her. Still though...I had been considering that I could put my parents address as a temporary accomodation - they own their home and have spare rooms. And although I dont have a job I do have significant savings, so was wondering if immigration would overlook the lack of job on arrival. I would certainly have more than enough to pay rent and council tax and still have over £400/month left for a year. I also have post-grad level education, so would expect to have good work prospects (even during these dark times...)
What do you think?
Armando.

[ElenaW]

Thanks again. I think with the unmarried partner visa, I would face the same problems as with the spouse visa? She has been the one with a job for the past two years, I've been supporting myself with my savings and through her (we live in north africa btw). Thus, I couldnt show six months of UK pay slips to prove that i could support her. Still though...I had been considering that I could put my parents address as a temporary accomodation - they own their home and have spare rooms. And although I dont have a job I do have significant savings, so was wondering if immigration would overlook the lack of job on arrival. I would certainly have more than enough to pay rent and council tax and still have over £400/month left for a year. I also have post-grad level education, so would expect to have good work prospects (even during these dark times...)
What do you think?
Armando.

I think if you show proof of your savings and suitable accommodation which you clearly will have on arrival, you will get granted a visa. Especially if you have enough savings to live off of for a year. However, you also need to make sure that you have proof (in the form of bills) to show that you have lived together for two years. If you're ready you can get married. That way you won't have to prove cohabition.

[John]

catmando, whilst you mention "student visa" there are no visas being issued now called a student visa. Instead there are Tier 4 visas, which are noticeably stricter than the old student visas.

So I wonder why she is applying for a Tier 4 visa, when to me she should be applying for a UPV. If she indeed gets a UPV, she would be permitted to study in the UK, but without needing to adhere to all the Tier 4 conditions. Included in that are the maintenance conditions that she would need under Tier 4 to get 10 points, and without those 10 points, she cannot get to the 40 points she needs for Tier 4.

[catmando]

Thanks again for the responses,
Actually, not long ago we had been talking about the possibility of marriage (rather than UPV), but I was worried because I couldn't prove a regular income and had been basically unemployed for a few years. It seemed safer to go the Tier 4 visa route, as I don't want there to be any chance that she can't do her course. BUT, if my savings alone fulful the maintenance requirement that changes things. I had been confused by this after reading the forum...I'd thought that 6 months of paychecks were necessary. Do you know roughly how much they would expect me to have in savings to fulful the maintenance requirement?
This is all very helpful, especially for my stress levels...
best,
Armando.

[John]

How much savings are we talking about? After all, there is no specific requirement for you to be employment. It merely needs to be shown that the applicant for a UPV or spouse visa will not need to claim certain Public Funds.

[catmando]

Hi John,
Roughly £15,000+ - do you think that would be enough?

[John]

OK, £15000, but that would run out in a couple of years.

Are you looking for a job? If you find a job, roughly how much might that pay?

[catmando]

I would be looking for a job as soon as I arrived and would be happy to take anything from minimum wage upwards; I'm not looking for anything in particular, as there are very few jobs in my area of expertise so it could take years to find one of them, if I was lucky though they would probably start at least 20,000/year.

[BLK235]

I might be wrong, but is it not UKBA expectation that student will go back to their home country after completion their studies?

If that's the case they may doubt it will happen if they learn you have a bf in the UK.

[ElenaW]

I might be wrong, but is it not UKBA expectation that student will go back to their home country after completion their studies?

If that's the case they may doubt it will happen if they learn you have a bf in the UK.

Yes they do but there have been plenty of granted applications where the applicant did have a boyfriend in the uk. Based on that, I doubt it matters.

[INSIDER]

Since the introduction of the PBS there is now no longer any requirement for students to leave the UK at the end of their studies.

All students in the UK are able, at the conclusion of their studies, to apply under T1 for the post study worker category.

[catmando]

Thanks again for your answers everyone, they are all very helpful. I was not aware of the post-study worker category, I'll look into that more deeply. Would she be eligible for any job? Or just ones connected to her field of study?

[catmando]

Also, in regard to the earlier comments about accomodation and the spouse visa. Im sure that my parent's house would be fine as accomodation, but would it be a problem if I said it was only temporary, maybe just two or three weeks, while we looked for a place to live for ourselves? I could say that this accomodation would always be available to us, but that we would look for our own place asap (because we will be moving to the UK together and so can't do this in advance)
Sorry for all the questions...Im just trying to see what we can do and what is not possible.

[John]

Im sure that my parent's house would be fine as accomodation, but would it be a problem if I said it was only temporary, maybe just two or three weeks, while we looked for a place to live for ourselves?

I don't know that you need to go into that amount of detail. Rather than effectively tell them that you might move out in two or three weeks, if there is the need to say anything like this at all, just say "in due course" rather than "2 or 3 weeks".

Do appreciate that you need to show that your parents' house is not overcrowded, as defined. Assuming the visa granted, how many adults living there? And how many children living there, and their ages? And ignoring any Spam, bathroom or toilet, whatever their size, how many rooms in the place exceed 40 square feet in size?

[catmando]

Hi John, thanks again. The house has three bedrooms and only my parents live there, no kids or even pets, im not sure about the sizes of the rooms, though two of the bedrooms certainly exceed 40 square feet. It may be obvious that we'd need to move out soon however, because my parents don't live near where my girlfriend would study.

Also, do you have anymore comments about:

I would be looking for a job as soon as I arrived and would be happy to take anything from minimum wage upwards; I'm not looking for anything in particular, as there are very few jobs in my area of expertise so it could take years to find one of them, if I was lucky though they would probably start at least 20,000/year.

Or does all of that sound ok?
I really appreciate all the help.

[John]

The house has three bedrooms and only my parents live there, no kids or even pets, im not sure about the sizes of the rooms, though two of the bedrooms certainly exceed 40 square feet.

I was not just asking about bedrooms!

You saying you will be working for work as soon as you get here, on top of the £15k savings, should be enough to satisfy the financial test.

But what about the cost of study? The Overseas level of fees is not cheap!

[catmando]

Sorry, as well as the bedrooms there is a converted loft (into an office) over 40sq feet, a living room/dining area over 40 sq feet, plus assorted corridors of varying lengths. The house being privately owned, what proof do you think we would need to submit? I'm guessing obviously a letter from my parents saying we could stay there for a start... Much of the evidence I've seen on the forum has been for rented accomodation...

Re: foreign tuition, she should be getting a scholarship (fingers crossed) - but if, for whatever reason, that doesn't work out, I think we would go for the unmarried/fiancee/married route as we had been planning to move to the UK anyway and also talked about marriage before. Then we would both get jobs, and she could look into studying in the future.
Cheers!

[ElenaW]

Sorry, as well as the bedrooms there is a converted loft (into an office) over 40sq feet, a living room/dining area over 40 sq feet, plus assorted corridors of varying lengths. The house being privately owned, what proof do you think we would need to submit? I'm guessing obviously a letter from my parents saying we could stay there for a start... Much of the evidence I've seen on the forum has been for rented accomodation...

Re: foreign tuition, she should be getting a scholarship (fingers crossed) - but if, for whatever reason, that doesn't work out, I think we would go for the unmarried/fiancee/married route as we had been planning to move to the UK anyway and also talked about marriage before. Then we would both get jobs, and she could look into studying in the future.
Cheers!

You need to prove that your parents own the property. Go to the land registry website and you can pay £4.00 for the title plan and £4 for the title register which you will be able to print out.

[ElenaW]

But what about the cost of study? The Overseas level of fees is not cheap!

It sure isn't!

[catmando]

Sorry, as well as the bedrooms there is a converted loft (into an office) over 40sq feet, a living room/dining area over 40 sq feet, plus assorted corridors of varying lengths. The house being privately owned, what proof do you think we would need to submit? I'm guessing obviously a letter from my parents saying we could stay there for a start... Much of the evidence I've seen on the forum has been for rented accomodation...

Re: foreign tuition, she should be getting a scholarship (fingers crossed) - but if, for whatever reason, that doesn't work out, I think we would go for the unmarried/fiancee/married route as we had been planning to move to the UK anyway and also talked about marriage before. Then we would both get jobs, and she could look into studying in the future.
Cheers!

You need to prove that your parents own the property. Go to the land registry website and you can pay £4.00 for the title plan and £4 for the title register which you will be able to print out.

Ooo, interesting. One thing, are you sure the pdf. print out will do? This has worked for you and others? It says on the website that the pdfs are for information purposes only and are not guarunteed, and that I need to send off for an official copy after filling in a form.

Wow, I've learnt so much today! Thanks everyone!

[ElenaW]

Sorry, as well as the bedrooms there is a converted loft (into an office) over 40sq feet, a living room/dining area over 40 sq feet, plus assorted corridors of varying lengths. The house being privately owned, what proof do you think we would need to submit? I'm guessing obviously a letter from my parents saying we could stay there for a start... Much of the evidence I've seen on the forum has been for rented accomodation...

Re: foreign tuition, she should be getting a scholarship (fingers crossed) - but if, for whatever reason, that doesn't work out, I think we would go for the unmarried/fiancee/married route as we had been planning to move to the UK anyway and also talked about marriage before. Then we would both get jobs, and she could look into studying in the future.
Cheers!

You need to prove that your parents own the property. Go to the land registry website and you can pay £4.00 for the title plan and £4 for the title register which you will be able to print out.

Ooo, interesting. One thing, are you sure the pdf. print out will do? This has worked for you and others? It says on the website that the pdfs are for information purposes only and are not guarunteed, and that I need to send off for an official copy after filling in a form.

Wow, I've learnt so much today! Thanks everyone!

Well an OISC registered advisor told me that both of those should suffice. It seems to have worked for others yes. However, they also provided photos of the inside of the property with the measurements in detail.