student enquiry (marriage involved)

hun12 · Post by **hun12** » Tue May 01, 2007 10:13 am

hi i m on a student visa...but i will be getting married to my gf from germany..will i be able to convert my student visa to partner visa or ILR?

thanks

sakura · Post by **sakura** » Tue May 01, 2007 10:28 am

hun12 wrote:hi i m on a student visa...but i will be getting married to my gf from germany..will i be able to convert my student visa to partner visa or ILR?

thanks

Hums...no you won't get ILR just like that. You need a CoA to marry, how long has your gf been here? You might need to use the EEA family permit visas. Visit the BIA website for information about marriage to a UK/EU/EEA citizen and the requirements.

hun12 · Post by **hun12** » Thu May 03, 2007 4:16 pm

Thanks for the reply. But, please tell me wat does CoA stands for ? and wat is EEA family permit? My gf doesn't live in UK...she lives in germany. Thanks once again.

jjustyy · Post by **jjustyy** » Fri May 04, 2007 8:08 am

From here

If you don't have settled status in the UK, you will need to apply for a certificate of approval from the Home Office. To qualify for a certificate of approval, you must normally have been granted leave to enter or leave to remain for more than six months and three months of that leave must still remain. If you don't qualify, you will need to return to your country of origin, or the country in which you are normally resident and apply for a visa there.

The full guidance for CoA can be found if you click here (pdf)

Please also look at the form (pdf), especially Section 6 as it shows what you will need to apply (photographs of your girlfriend, notarised copy of her ID card/passport if she doesn't want to give you the original).

So for now, the important things to note are you need 3 months left on your visa, the photos/ID from your girlfriend and Â£295 to apply. Then you can give Notice of your intention to marry and get married 15 days later.

This is all only true if she is an EEA National.

If you provide some more information (length of your visa, both your nationalities, where you intend to settle), forum members will be able to give you more specific advice on the next step.

hun12 · Post by **hun12** » Sat May 05, 2007 9:42 am

Thanks for the information. She is german by nationality...and we intend to stay in either UK or germany.

Wanderer · Post by **Wanderer** » Sat May 05, 2007 1:01 pm

hun12 wrote:Thanks for the information. She is german by nationality...and we intend to stay in either UK or germany.

Have you met her yet?

hun12 · Post by **hun12** » Sat May 05, 2007 2:23 pm

I have lived with her ...by the way, why this question ?

sakura · Post by **sakura** » Sat May 05, 2007 4:13 pm

Wanderer wrote:
hun12 wrote:Thanks for the information. She is german by nationality...and we intend to stay in either UK or germany.
Have you met her yet?

Tee hee hee!! Funny question...probably thought it was an online romance!!

hun12,
if your gf does not currently reside in the UK, does she plan to come here? You can't apply for anything in/for the UK if she is not going to be here. If you want to reside in Germany, you should look at the requirements at the German embassy website..I don't know if any of us here would know.

You won't get a partner visa or ILR, even if she was here. So decide first where to want to live before applying. If UK, then use the EEA route (actually it's the only option for you anyway), if Germany, check the embassy website.

Wanderer · Post by **Wanderer** » Sat May 05, 2007 5:35 pm

sakura wrote:
Wanderer wrote:
hun12 wrote:Thanks for the information. She is german by nationality...and we intend to stay in either UK or germany.
Have you met her yet?
Tee hee hee!! Funny question...probably thought it was an online romance!!

I did! Internet relationships are my bugbear!

No offence to the OP but he has asked about SEGS previously so I was wondering if he was pushing himself towards marriage to stay here. None of my business of course and as the OP has lived with his gf, irrelevant.

Ironically, my relationship with my paramour started on t'internet but not via any dating site or any of that nonsense.....

hun12 · Post by **hun12** » Sun May 06, 2007 4:49 pm

Hmmm..well, we love each other but can u please explain more about the EEA route? thanks!

Wanderer · Post by **Wanderer** » Sun May 06, 2007 4:56 pm

hun12 wrote:Hmmm..well, we love each other but can u please explain more about the EEA route? thanks!

Basically she has to come to UK and exercise her treaty rights by living/working or studying here.

You marry and apply for leave to remain as the spouse of an EEA citizen under EEA Family Permit. You'd need to prove the usuals, money and accommodation I think but nothing like as stringent as UK immigration rules.

If she's in Germany and u plan to live their then I guess ur n the hands of the German Immigration system, EEA route won't apply since she's not exercising her treaty rights.

jjustyy · Post by **jjustyy** » Sun May 06, 2007 6:25 pm

hun12 wrote:Hmmm..well, we love each other but can u please explain more about the EEA route? thanks!

hun12, how long do you have left on your current visa? It's just to make sure you can switch in-country.

hun12 · Post by **hun12** » Mon May 07, 2007 8:31 am

Thanks... she used to visit me in uk from germany so she basically lives in germany. Now, the thing is tht she doesnt work n lives with her parents in germany...i work part-time means like 15 to 20 hrs a week as i m a student n live on rent. Now, tell me how shud i go about it...as u mentioned that i need to show money n accomodation...please explain more...thanks alot.

Siggi · Post by **Siggi** » Mon May 07, 2007 10:00 am

Hun12
I lived in Germany for 5 years as a student and know that in the 80tys it was very hard to get a "Aufenthalt Erlaubnis".
The Germany Immigration will check your story out very closely especially since you are a non Eurpean National and a student.
Are you going to a recognised Uni in Germany?Are you at a recognised UK Uni?
How old are you? and what Nationality?
These will be the questions that GI will be very interested in.
Good luck!

sakura · Post by **sakura** » Mon May 07, 2007 11:16 am

hun12 wrote:Thanks... she used to visit me in uk from germany so she basically lives in germany. Now, the thing is tht she doesnt work n lives with her parents in germany...i work part-time means like 15 to 20 hrs a week as i m a student n live on rent. Now, tell me how shud i go about it...as u mentioned that i need to show money n accomodation...please explain more...thanks alot.

I don't understand what else you want to know. If you want to live/work in Germany with her, then go to the German embassy website and read the requirements for a partner's visa. If you want to stay in the UK, then she will FIRSTLY have to be in the UK! You cannot have an EEA permit whilst she is living in Germany and you are here. So, she needs to be in the UK to exercise TREATY RIGHTS...but, you need to pay a visit to the BIA website and read the EEA route requirements there, including accommodation and living requirements.

If she doesn't want or can't come to (live/work/study) in the UK for whatever reason, then forget the EEA route because you don't qualify for it. If she wants to stay in Germany, then you two decide whether you want to move there with her...that takes you back to the German embassy website (either for the UK or your home country) to read the requirements for a partner visa/settlement visa or whatever it's called in German.

Wanderer · Post by **Wanderer** » Mon May 07, 2007 11:18 am

Siggi wrote:Hun12
I lived in Germany for 5 years as a student and know that in the 80tys it was very hard to get a "Aufenthalt Erlaubnis".
The Germany Immigration will check your story out very closely especially since you are a non Eurpean National and a student.
Are you going to a recognised Uni in Germany?Are you at a recognised UK Uni?
How old are you? and what Nationality?
These will be the questions that GI will be very interested in.
Good luck!

My gf is Russian, on UK student visa with a german work permit, I can confirm the difficulties with anything German! First WP took four months this one with a different company is six weeks without result. So she's there with a piece of paper with an feasibility long name which seems to act as our UK section 3 protection but she's too scared to leave Germany on it and can't work....

If she doesn't work and ur a student then ur gonna struggle to get any settlement visa. Accomodation should be ok since you only need a bedroom but I think it has to be bigger than 50sqm doesn't matter if it's rented.

Income is where you'll fail since unless she comes here first and gets a job that earns enough to support the both of you.

hun12 · Post by **hun12** » Mon May 07, 2007 4:15 pm

Thanks again for the info....As u said tht we fail in the income section so does that mean we both cant get married ? The thing is that I prefer to live in UK but she prefers to live in Germany. I mean we have planned in such a way that we both will be visiting each other after few weeks or months. But, I don't understand why do I hav to check out the germany embassy website coz we both eventually want to settle in UK. Thanks once again...

sakura · Post by **sakura** » Mon May 07, 2007 4:33 pm

hun12 wrote:Thanks again for the info....As u said tht we fail in the income section so does that mean we both cant get married ? The thing is that I prefer to live in UK but she prefers to live in Germany. I mean we have planned in such a way that we both will be visiting each other after few weeks or months. But, I don't understand why do I hav to check out the germany embassy website coz we both eventually want to settle in UK. Thanks once again...

Eh?
You wrote:

Thanks for the information. She is german by nationality...and we intend to stay in either UK or germany.

So I replied:

if your gf does not currently reside in the UK, does she plan to come here? You can't apply for anything in/for the UK if she is not going to be here. If you want to reside in Germany, you should look at the requirements at the German embassy website..I don't know if any of us here would know.

So it seemed you hadn't decided where the two of you will live! Now you write that she doesn't want to come to the UK, and you can't force her. Which is why I mentioned going to the German embassy website for you to go to live in Germany if that's what you decide!

Now you are asking:

As u said tht we fail in the income section so does that mean we both cant get married?

You can get married if you want, if it's in the UK, she'll need to be here and you need a Certificate of Approval for that. If in Germany...visit the German embassy website for requirements, I don't know.

And:

I mean we have planned in such a way that we both will be visiting each other after few weeks or months.

You cannot use the EEA route unless she is here...she cannot come into the UK, apply with you then leave back for Germany...she needs to be exercising treaty rights in the UK THROUGHOUT your EEA permit validity. So she can't help you at all if she doesn't want to live in the UK.

And now:

The thing is that I prefer to live in UK but she prefers to live in Germany.

You don't have a choice....either she comes here and you apply for an EEA permit, or she does not come here and you cannot stay in the UK...simple as...Obviously you can apply for any other visa you qualify for (student, WP, HSMP, etc) but she can't help you with that at all. So if you prefer to live here, then try applying for a WP or HSMP after your course, and let her stay in Germany! That seems to be the best option. How old are you two, btw?

sakura · Post by **sakura** » Mon May 07, 2007 4:35 pm

Umm, yes I know, WP has to be applied for by the employer...I just don't have the strength to go on!

Wanderer · Post by **Wanderer** » Mon May 07, 2007 4:41 pm

hun12 wrote:Thanks again for the info....As u said tht we fail in the income section so does that mean we both cant get married ? The thing is that I prefer to live in UK but she prefers to live in Germany. I mean we have planned in such a way that we both will be visiting each other after few weeks or months. But, I don't understand why do I hav to check out the germany embassy website coz we both eventually want to settle in UK. Thanks once again...

If she's coming to UK then u follow the EEA route, forget the German one - the test are not as stringent on EEA route since she can just move here without issue. I think you will need a CoA to marry her, and I think u need more than three months left on ur visa also I think that restriction might have been lifted. Think it costs 135 quid.

Once ur married you can apply for EEA family permit (or wait three months I'm not sure of rules here) but you need to show the authorities you won't be a burden on the State, ie claim benefits etc.

But, you can't even agree what country u both want to live in and I doubt you living in Uk and her living in Germany will constitute a valid marriage. In any case you have to be living together, not in separate countries, the more I think of it the chicken-eyed your plan gets.

Let me get this straight - u plan to marry, whilst u study here and she lives in Germany? I don't get it?

hun12 · Post by **hun12** » Mon May 07, 2007 6:05 pm

Thanks for the info. Please let me know how long she has to stay in UK after we get married in the UK to be eligible to apply for EEA family permit? Because, she told me that she wants to work in UK at some point of time but hasn't really decided exactly when. I do have a valid visa for further 2 years. I am 25 and she is 23. Thanks once again.

Wanderer · Post by **Wanderer** » Mon May 07, 2007 6:12 pm

hun12 wrote:Thanks for the info. Please let me know how long she has to stay in UK after we get married in the UK to be eligible to apply for EEA family permit? Because, she told me that she wants to work in UK at some point of time but hasn't really decided exactly when. I do have a valid visa for further 2 years. I am 25 and she is 23. Thanks once again.

I'm not sure. Think it's either three months or six months. but she'll need to be working. How's her English? And she can't just bugger off to Germany after u get the permit - I think u'd need to accompany her.....

jjustyy · Post by **jjustyy** » Mon May 07, 2007 6:42 pm

hun12 wrote:Hi all,

I am a student in the UK but I want to get the PR for Australia. My brother is an Australian PR holder. I have got a MA Business management degree from UK. I got around 3 years of part-time work experience and 1 year full-time. Please let me know my chances of getting the PR. Kindly also let me know tht would it be better to apply from UK or from my home country and how long does it take? Otherwise, would I get any benefit from doing another course from Australia and then applying on-shore PR?

Thanks alot!

http://www.immigrationboards.com/viewtopic.php?t=15499

Are you being truthful with us or only telling us part of the story?!?

hun12 · Post by **hun12** » Tue May 08, 2007 9:32 am

I m being truthful but I was checking out the option for Australia also as my relatives are advicing me to settle in Australia if I can't find a job in UK/Europe...thats the only reason.

thanks!

Siggi · Post by **Siggi** » Tue May 08, 2007 10:25 am

Maybe you should consider marrying a Ozzy girl!

As I don't really think the Germans are going to give you Aufenthalts Erlaubnis, based on what you have told us so far.

Also you should make up your mind as to where you want to live, UK, Germany or Australia.

Good luck

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student enquiry (marriage involved)

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