UK partner proving funding for non EEA student

[shroud711]

Good evening,

I have tried searching but couldn't find the specific answer to my question, which has arisen rather suddenly at the point of my partner applying for her CAS for a 3 year degree course.

It is necessary to provide evidence of ability to fund both the course for one year and a further sum of £9,207 to cover the estimated living costs outside of London, totally a princely sum of over £21k, even though i will not need to pay more than £7k in fee this calendar year.

My question is given that my partner applying for the course has only been living with me for less than 6 months, i understand i would need to provide evidence of the relationship if my bank statements were used to provide evidence of having the required funds of c £21k for all of at least 28 days prior to the statement date.

We are not married and the duration of the relationship cannot be evidenced easily and certainly not beyond 6 months. I assume in this case the visa application would be rejected and the evidence of funds may need to be provided by my partner themselves or their parents.
Can anyone provide any insight or validation of the above points please?

[sah10406]

[...] given that my partner applying for the course has only been living with me for less than 6 months [...]

Just checking, so they are already in the UK on a different visa? If so, what type, and does it allow them to switch to a Student visa in the UK? Or are they applying in their home country anyway?

[shroud711]

They are on a visit visa and will return home before applying for their student visa. They cannot transfer from a visit visa unfortunately

[sah10406]

I assume in this case the visa application would be rejected and the evidence of funds may need to be provided by my partner themselves or their parents.

I agree, but it would be a refusal under the immigration rules not a rejection for invalidity.

While there is provision at Appendix Finance FIN 5.1 for an applicant to rely on money held in the name of their "partner who is applying for entry clearance or permission to stay at the same time or has been granted permission", that is a non-starter if you are not a "partner" as defined in the Immigration Rules paragraph 6.2:

(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years.

https://www.gov.uk/guidance/immigration ... ix-finance

https://www.gov.uk/guidance/immigration ... troduction

But it is fairly easily solved. If you are paying for everything, just pay the tuition fees direct to the university, and they will adjust the CAS. Then if your partner or their parent cannot show the remaining required maintenance held in their name(s), you can transfer the money to them in enough time for them to have it in their own name for the required 28 days. Using this option may prompt a query about the provenance of the money, so you may want to write a letter explaining that you have given them the money, why, and showing that you can afford to do so. They may not be asked for it, but will be handy to have just in case.

[shroud711]

Thanks. That’s where I thought it might land and makes the requirements on partner funding seem somewhat pointless.

[sah10406]

That’s where I thought it might land and makes the requirements on partner funding seem somewhat pointless.

It's pointless for you, but not pointless in general. It is a very useful provision for students who are applying with or joining their partner who is applying at the same time or who came earlier and, to be fair, that's who it is meant for.

The way it is worded appears to deliberately exclude a British partner anyway. I assume this is to prevent a couple from using a Student visa to avoid the substantive requirements of a fiance visa or spouse visa.

[Greenie]

To add to the above advice (with which I agree) another option would be for you to add your partner as an account holder (if this is permitted by the bank if she is only here as a visitor) as that way she wouldn't need to wait a further 28 days

[shroud711]

That’s a good point, although in this case they were able to meet the funding 28 day rule by the time the visa application was made but certainly it might be an easier option where the money already sits in the partners account.