Fiancee/student visa

siro · Post by **siro** » Thu Apr 12, 2012 3:51 pm

Hello,

My partners student visa expired in Dec 2011 which forced her to return home. Initially we had planned for her to return on a fiancee visa to spend more time together although we are not ready for marriage. I'm having doubts over this as one would assume unless you are definately planning to get married it would constitute fraud. She has looked at coming back on a student visa but it is very expensive to apply from her country, so she wants to come here on a fiancee visa than apply to switch to a student visa as it is cheaper and easier to apply while here inthe uk. I don't know if anyone has had a similar experience to this but information isn't particularly easy to find so if anyone has advice on what would be the best thing to do, i.e fiancee visa then switch to student, or avoid fiancee visa altogether if you do not intend to marry. Any advice or links to detailed information on this would be greatly appreciated.

Thanks

Post by **vinny** » Thu Apr 12, 2012 4:08 pm

A fiancee visa holder cannot switch to Tier 4.

ElenaW · Post by **ElenaW** » Thu Apr 12, 2012 4:40 pm

How on earth is it cheaper to apply for two separate visas rather than just paying for the tier 4? As previously mentioned its not possible to do this. Do not have your partner apply for a fiance visa if you're not certain about getting married. Just have a long distance relationship for a while. many have done this. There is no shack-up visa to see how things go.

ElenaW · Post by **ElenaW** » Thu Apr 12, 2012 4:41 pm

How on earth is it cheaper to apply for two separate visas rather than just paying for the tier 4? As previously mentioned its not possible to do this. Do not have your partner apply for a fiance visa if you're not certain about getting married. Just have a long distance relationship for a while. many have done this. There is no shack-up visa to see how things go.

siro · Post by **siro** » Thu Apr 12, 2012 4:43 pm

She has spoke to the agency (Forgate) who arranged her preivous student visa and they have advised her to get student application ready to process, then to submit it as soon as fiancee visa expires, they have said she is ok to stay while the new visa is being processed. Any advice on the legality side of applying for fiancee visa and not intending to marry please?

Thanks again

siro · Post by **siro** » Thu Apr 12, 2012 5:18 pm

Hello ElenaW and thank you for the fast reply. From her previous experience of applying for student visa in the Philippines it was very expensive and took a considerable amount of time to be processed. She thinks it's easier, cheaper and has more chance of success if she is to apply from while inside the uk.

vignette · Post by **vignette** » Thu Apr 12, 2012 5:24 pm

Only people holding the following leave can switch into Tier 4 within the UK:

Tier 1 (Post-study work)
Tier 2 (General)
Tier 2 (Intra company transfer)
Tier 2 (Minister of religion)
Tier 4 (Child)
prospective student
student (under the rules in place before 31 March 2009)
student re-sitting an examination
student nurse
students writing up a thesis
student union sabbatical officer
work permit holder
postgraduate doctor or dentist
Science and Engineering Graduates Scheme
International Graduates Scheme
Fresh Talent: Working in Scotland Scheme

http://www.ukba.homeoffice.gov.uk/visas ... inside-uk/#

And the figures for fees do not add up either - if it were possible (which its not as above) going as a fiance and then applying to switch into Tier 4 would cost over 900 pounds more than just applying for a Tier 4 visa in her home country.

Suggest perhaps she changes her agent?

Post by **Greenie** » Thu Apr 12, 2012 8:06 pm

siro wrote:Hello ElenaW and thank you for the fast reply. From her previous experience of applying for student visa in the Philippines it was very expensive and took a considerable amount of time to be processed. She thinks it's easier, cheaper and has more chance of success if she is to apply from while inside the uk.

she has been given very poor advice. A fiance can only switch to leave as a spouse once married. It is not possible to switch from fiance to tier 4. Neither is a fiance visa cheaper than a tier 4 visa (A fiance visa is £826, a tier 4 visa is £289). If she applies for a fiance visa with no intention of marrying then she will be using deception, which if found out will be treated very seriously, in any case, there is no point applying for the fiance visa if she has no intention of marrying given that she cannot switch to tier 4 from fiance.

ElenaW · Post by **ElenaW** » Fri Apr 13, 2012 6:16 am

siro wrote:Hello ElenaW and thank you for the fast reply. From her previous experience of applying for student visa in the Philippines it was very expensive and took a considerable amount of time to be processed. She thinks it's easier, cheaper and has more chance of success if she is to apply from while inside the uk.

She is wrong.

siro · Post by **siro** » Fri Apr 13, 2012 9:36 pm

Thanks for the replies all.

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Fiancee/student visa

Fiancee/student visa