UK male; Russian Girlfriend (both students); Visa Options

[airdryr]

Hi everyone, thanks for taking the time to read. This post is concerned with the various options available to my girlfriend and I in the event her graduate job search is unsuccessful at the time she finishes her Masters.

Situation:

I am in my final year at University in Edinburgh (4 year course). My Russian girlfriend (Anna) graduated from Edinburgh with a 2:1 last year and is currently enrolled in a 1 year Masters (finishing Sept 2013). We have been going out for 3 years, and we are both 23. She has lived in the UK (away from her family) since the age of 14, when she went to a boarding school and did her GCSEs and A-levels here. She is completely fluent in English. I have a graduate job offer (conditional on getting a 2:1) due to start July 2013 in London. Anna is currently applying for graduate jobs in London, but so far unsuccessfully. If she were successful we would live together in London. Given how competitive the job market is at the moment, coupled with stricter caps on immigration for non-EU citizens, we are concerned about the possibility no job offers are forthcoming. I have lived with her for around 14 months, but this will have passed the 2 year mark by the time we have finished at University. I get my bank statements sent to the same address as her (for 14 months), we have numerous photos over the course of our relationship, she knows my family very well, and I have gone on holiday with her parents twice, and stayed at theirs in Russia.

Question:

I am interested in our options, and their pros and cons, in this worst case scenario that she doesn't get a job offer. I would be devastated if she was forced to leave the UK and, despite feeling a little rushed into it, would take any steps I could to ensure that doesn't happen. Options I have considered so far are:

- Marriage. Ideally I would like to wait a few more years before this, but I do feel that the relationship is probably headed that way anyway (just 5 years down the line). Assuming settlement, financial, language and authenticity requirements are met, does marriage always guarantee success in settlement visa applications?

- Unmarried partnership visa - this seems more down our street right now, but I'm unfamiliar with how they work. Do you need some kind of legal partnership to apply, or does proving that your relationship is authentic (amongst other things) suffice? If the latter is the case, what happens if we break up? Does her visa become invalid?

Thanks very much for your advice. It's much appreciated.

[MPH80]

Marriage doesn't guarantee a visa - for example if they think your marriage is just for the visa, there are previous breaches of immigration rules or you don't meet the income requirements (£18,600 minimum). But in your circumstances, providing you meet the general requirements, it'd be hard to see why it would fail.

A UMP visa might be the best bet - but the requirement is that you've been living in a relationship akin to marriage for 2 years. In practicality that means living together, sharing finances, costs etc. And yes - they are quite strict on that requirement. The income threshold would also have to be met here too.

You don't need any kind of legal framework for your relationship, you just have to prove the 'akin to marriage' bit.

If you later break up, then yes, her visa does effectively become invalid, but there are some caveats on that - firstly if she has obtained Indefinite leave to remain, then this won't apply and even if it does apply to her then it is up to UKBA to decide what to do. You would be under an obligation to tell them you've separated, but it's their choice whether to curtail her leave or not. She certainly wouldn't be able to renew it unless she had another route to a visa. This applies to both visa routes.

The UMP visa is far harder to get that a standard spouse visa as they do scrutinise much closer, but providing you meet the requirements it should be an easy thing to get.

To be honest - being students - I suspect the income threshold is going to be your biggest hurdle.

M.

[airdryr]

Thanks for your reply MPH80. A few things:

- Can Anna split my income with me? My job offer has a base salary of £45k, so we will both surpass the £18,600 if she is entitled to half of my salary.

- She is also from reasonable wealth anyway (she owns a property outright in her own name in Edinburgh). If we move to London she will also have some income from renting out her flat (we currently reside there now).

- We don't have any shared accounts, and bills for the flat are addressed to her (for which I pay her independently). I actually pay her rent as well because we live in the flat that she owns. However, because we are a couple my rental payments to her are not in a continuous form because we often combine what we owe each other with rental payments etc.

I'm assuming income requirements will therefore be met, but do you envisage any issues proving the 'akin to marriage' part based on what I've just said?

Thanks again.

[Kitty]

You say that she is now 23 and has lived in the UK "since the age of 14".

At the time her current leave expires next year, how long will she have been in the country?

If she will have accrued 10 years' lawful residence, she might qualify for ILR on that basis.

[MPH80]

Ok - so the income requirements are a little complex and I suggest you read the appendix FM of the immigration rules to properly understand them.

At a basic level - you can consider your income as a couple. However, the income has to be provable either over the last 6 months (if you've been employed with the same employer for longer than that) or over the last 12 months (if you've been employed less).

You can use savings to bolster income - but it's any savings above the level of £16,000. The rule is (16000 + (shortfall in income * 2.5)) - and that amount most have been in an account in one of your names for the 6 months prior to application.

The rental income will also need to be shown to be continuous over a period of 12 months.

In terms of proof of living together - you need to consider this if you're going down the unmarried partner route - what proof is there if all the bills etc are in her name? You should think about this from an official point of view ... tax bills? Doctor's letters? Bank statements?

M.

[MPH80]

You say that she is now 23 and has lived in the UK "since the age of 14".

At the time her current leave expires next year, how long will she have been in the country?

If she will have accrued 10 years' lawful residence, she might qualify for ILR on that basis.

Oooh - good point. Didn't spot that one.

[airdryr]

Hey, thanks for responses.

I do get my bank statements, doctors letters etc sent to this address, but gas & electricity and phone & internet accounts are in her name. If you think it's worthwhile getting my name on these accounts I will do so. We have been on the same car insurance policy for 2 1/2 years if that means anything?

I asked Anna if she knows of the possibility that 10 years of lawful residence might allow her to apply for ILR, and she seemed to think that time isn't accrued towards this target if you are here on a student visa, though I am aware this is probably the wrong forum to discuss this in. Also, to be more precise, she has been here for just over 8 years and this will only be 9 years by the time she finishes.

Thanks again for your advice.

[anniecc]

If you have a letter from the insurance company addressed to both of you, that's definitely the sort of thing to include in a UMP application. I would get your name added to at least one of the bills - preferably more than one. You appear to meet the criteria for the UMP visa, but given your gf owns the flat you'll need to prove that you're more than a flatmate/lodger. So evidence of joint financial commitment is important, as well as evidence that you're in a romantic relationship. In support of the latter, you could include evidence (itineraries boarding passes etc) of when you travelled to Russia together.

To show you've lived together for a full two year period the letters etc. that you provide will need to be spread over the two year period prior to applying for the visa.