converting Tourist/student visa to dependent/spouse/other ??

[zagoo2000]

Dear All,

I would like to bring someone from back home Pakistan but i'm unsure that which visa type would be suitable, straightforward and less complicated. I wish to marry her but i'm unable to decide which visa type to go for. Also, I don't want to let her return as i would like to try visa switching options i have got.

background:
It may sound weird but its true. Its a long distance relationship and we got our selves engaged last year on Skype video chat. Both of our family members and relatives were actually there supported us and it went well.

My background:
I have been in UK for 15 years. I have got my ILR last month. I'm settled and got a permanent job for 2 1/2 years in a reputed UK company.

I can't travel because of no holidays available from work.

Queries:
1. Can I apply for her fiance' visa? but I don't have a picture proof that we have met before according to the UKBA requirements?

2. If she comes here on visit or tourist visa, then are we able to marry and switch her visa from here without her return?

3. If she comes on a short course 6-12 months student visa, then are we able to marry and switch her visa from here without her return?

4. or Is there any other visa type where she could come to UK and then we are able to marry and i could switch her visa status?

Please advise what options do i have to process it.
Regards.

[MPH80]

Queries:
1. Can I apply for her fiance' visa? but I don't have a picture proof that we have met before according to the UKBA requirements?

If you haven't physically met in person - no.

2. If she comes here on visit or tourist visa, then are we able to marry and switch her visa from here without her return?

No.

3. If she comes on a short course 6-12 months student visa, then are we able to marry and switch her visa from here without her return?

Depends on the length of the visa.

4. or Is there any other visa type where she could come to UK and then we are able to marry and i could switch her visa status?

Tier 1/Tier 2/Ancestry - so many options.

Two options I can see:

1) Get her a tourist visa, meet in person, return her to Pakistan, get a fiancee visa, return and marry

2) Wait for your holiday year to reset - travel to meet her, get fiancee visa or marry in Pakistan and go straight to a spouse visa.

[zagoo2000]

Many thanks for your prompt reply MPH80.

For 3.
what is the minimum length of visa needed?
would this visa has to be applied for certain course (diploma or hnd or certificate or degree etc)?
would the process of getting married and visa conversion will be straight forward?
would there be any need of certification of approval?

For 4. Tier 1 (highly skilled worker), Tier 2 (skilled worker) and UK Ancestry i guess will not apply.

Thanks for your suggestions in regards to spouse visa.

In this scenario, the only option that looks to work for me is student visa... are there any other options for me?

Many thanks.

[MPH80]

Being honest - applying for a student visa is going to be a hell of a lot harder than just bringing her on a tourist visa for a short period so you meet the 'met in person' qualification and probably a hell of a lot cheaper.

I would go down that route if you aren't willing to wait for your holiday year to reset.

But to answer your questions:

what is the minimum length of visa needed?

She'll need to have more than 6 months leave to remain granted. BUT there are some visas which you cannot switch out of - so read the rules carefully.

would this visa has to be applied for certain course (diploma or hnd or certificate or degree etc)?

That entirely depends on what type of student visa you're going for ... start at the UKBA website and go from there.

would the process of getting married and visa conversion will be straight forward?

As straightforward as anything else ...

would there be any need of certification of approval?

No.

[zagoo2000]

Thanks MPH80. I will do some research on the Fiance' visa and requirements. Also, when you say student visa route will be harder.. do you mean expensive or difficult or both?

so, student route typically be:
student visa application (from back home)
converting student to spouse visa application (within uk)
ilr application (within uk)

fiance' route typically be:
fiance' visa application (from back home)
spouse visa extension application (within uk)
ilr application (within uk)

correct me if im wrong please.

Is the student-visitor visa any use in such scenario?? i heard you get that easily isn't it?

[MPH80]

A student visitor visa is normally only issued for 6 months - so you cannot then switch out of it!

The process for coming as a full student is going to be:

Find a place to study
Get the money together for the overseas fees
Get a place at that uni/college - which would probably be starting in September
Apply with all the valid documentation + paying the fee
Hope they give it to you
Arrive - actually have to study - which means paying the fees
Marry
Convert to a spouse visa - once that's obtained she could stop studying if she wasn't going to otherwise. If she fails to study - she could be accused of not having stuck to the terms of her visa and thus be told she doesn't have valid leave and have to return to get the spouse visa anyway!
Extend after 33 months
Then go for ILR after a further 30 months

But on the tourist route:

Get tourist visa - £70 quid
Return home
Get fiancee visa
Come back to UK - marry
Get spouse visa
Extend spouse visa
ILR

Much simpler.

[zagoo2000]

Great!!! Thank you so much for the all that detail MPH80

I will do some research on that for now. It definitely seems the student process is much lengthier compared to fiancee route.

Much appreciated. A lot to look into.