Student Visa Question

[jkUkVisa]

Hi,

I'm getting a little stressed over visa applications and am hoping that someone can answer a few myths that I've heard.

My girlfriend is Russian, and recently visited me in the UK for approx 3 months. We originally met in Russia, as I've worked in Moscow for about 3 years or so.

She's now back in Russia as & is about to apply for a student visa. I have paid for 52 week English course at Malvern House college in London (which is on DFES). I am paying for all expenses accomodation etc, and have stated this in the letter of invitation that I have sent.

She has heard that you do not stand a chance of getting a student visa unless you've been in a good job in Moscow for more than a year. The idea being that you must have something to return to. Is this true? It seems like an unusual requirement to me, as I can think of very few employers who would be willing to keep a job open for someone for more than a year.

I've heard that they are hard to come by, but I feel that we meet all the requirements. We've paid for the course, all expenses etc are covered, she's been to the uk twice before & returned....what more can you do to get a student visa??

If anyone can offer any opinion it would be appreciated

Thank you

[Decus et Tutamen]

An applicant for a student visa does have to satisfy the ECO that s/he intends to leave the UK at the end of his/her studies. In assessing the likelihood of your girlfriend returning to Russia, the ECO should balance the relevant factors.

The principal factor here would appear to be, does your girlfriend have a legitimate reason for learning English; i.e. can she demonstrate that her increased proficiency will get her a better paid job upon her return, or assist higher study in Russia? The ECO will also consider whether the course your girlfriend is taking in the UK could be taken in Russia at a cheaper cost. If the answer to this is yes, s/he may conclude that the main reason for your girlfriend coming to the UK is to stay with you, the corollary being that she would not be construed to be a genuine student.

It would help if your girlfriend is able to show a history of further education in Russia as this helps to demonstrate that she would be a genuine student in the UK. Her age may also be a factor as it is far more reasonable for someone in their, for example, early- to mid-twenties to wish to go and study abroad, than it is a thirty-five-year-old.

[jkUkVisa]

Thanks for the quick reply,

The principal reason for coming to the UK is to be with me. Is this a problem?? Perhaps I'm being naive. Quite simply - we would like to be together in the UK, but other visas, such a Fiance visa, are very restrictive. At least with a student visa, there is an opportunity to learn something / advance your career etc.

In addition, surely its viewed as a positive that we're providing money to UK based business (e.g. the college)?

[Wanderer]

Thanks for the quick reply,

The principal reason for coming to the UK is to be with me. Is this a problem?? Perhaps I'm being naive. Quite simply - we would like to be together in the UK, but other visas, such a Fiance visa, are very restrictive. At least with a student visa, there is an opportunity to learn something / advance your career etc.

In addition, surely its viewed as a positive that we're providing money to UK based business (e.g. the college)?

We did exactly what ur proposing, except for the initial student visa, I kept completely out of the picture. The subsequent in-country visa I did write a sponsorship letter.

To be honest I've seen these things go either way, sometimes as soon as a 'relationship' is smelt by the ECO, denied. Sometimes they don't seem to care.

My advise is to do it via an agency, it's what we did, they claim never to have had a denial, I can PM my contact there. It's in Eburg tho, but they might have contacts.

Udachi, dood!

[jkUkVisa]

This is the concept that I really struggle with - it just seems like it can go either way - even if you meet the criteria (as I think we do). If anyone thinks we dont meet the criteria please tell me!!

I know very little about agencies. How much value do they add to the process? If you can recommend a good agency it would be appreciated - but what will they do? Just give advice?

[VictoriaS]

We will either give advice or can make the application for you.

I would say you have a head start, as she has already been granted a visit visa to see you, they are happy with her intent to return, and she now has a good immigration history.

Victoria

[jkUkVisa]

Given that my girlfriend doesn't have a job, does anyone think it would be a bad idea to apply for a student visa?

I'm a bit worried about satisfying the 'intends to return' requirement. Then again, what employer would ever keep a job open for 1 year?!

Any comments are appreciated
Thanks

[Mr Rusty]

Decus et Tut and Victoria have already given you the pointers you need. The "intention to return" in a student application is bound up with the reasons for taking the course. To pose an extreme example, someone who could barely read and write their own language and swept the streets for a living would be hard pressed to demonstrate that they were capable of completing a degree course, and their reason for wanting to do so would be viewed with some scepticism.
But it is heavily in your lady's favour that she has twice complied with visit visas, which means that the ECO is likely to look more favourably on any future application, and the onus passes slightly more to the ECO to justify a refusal.
Having said that, if the main reason for applying as a student is so that she can come and live here with you for a year, you are introducing an element of risk which you have to factor in to all your/her other circumstances.

[jkUkVisa]

That makes sense - thanks.

If there's nothing I'm missing then I guess we're just going to have to give it a go