Short-term Study visa & getting married

[namdom]

My long term (5 years) non EU girlfriend is here in England at the moment on a short-term study visa, the 11 month ESOL one and is attending college daily. Although we've been together 5 years and see each other monthly and holiday abroad together we haven't lived together for any extended period of time yet.

Her 5 months has proved a good test of what we'd be like living together. She is due to go back home at the end of her course and VISA which is towards the end of July.

I have been liaising with UK Visas and Immigration but struggling to get info out of them and the website isn't exactly clear, so I thought I would do a search online and came across this forum and wondered if anyone here has any advice or knowledge.

We are ready to get married to each other and apart from the ceremonial aspect, there is the fact we can live together of course. But we're unsure of the correct path to follow to do this. Can she stay here on her study visa and get married? The UK V&I say that she should apply for a marriage visa, is this correct as she is already here though, that makes it sound like she has to go home, apply for it and then come back? I'm just looking for some guidance really please.

Thanks,
Sam

[Casa]

As your girlfriend is on a 11 month short-term student visa she will have to return to her home country and apply for a fiance visa. This would enable you to marry in the UK and then switch to a 2.5 year FLR(M) spouse visa. Alternatively, you could marry outside of the UK and apply for a spouse settlement visa.

That's assuming of course that as her sponsor you are able to meet the minimum annual income level of £18,600.

This link to Middlesex University guideance explains the limitations of a short-term student visa.
https://unihub.mdx.ac.uk/__data/assets/ ... tudent.pdf

[namdom]

Dear Casa - That's exactly the information I was after. Thanks a lot.

Sam

[Casa]

Dear Casa - That's exactly the information I was after. Thanks a lot.

Sam

You're welcome. Come back if you get stuck with taking the next steps.

[namdom]

Hi Casa,

Back again and with a quick question.

You mentioned that the best way to do it would be that when she goes back home, to apply for a fiance visa, then she could come back, we could get married and she could switch to a 2.5 FLR(M) visa. I've been looking here and it isn't clear:

https://www.gov.uk/marriage-visa

They say that one of the things you CAN'T do, is:
- extend your visa or switch to another visa

Does that mean that your suggestion above isn't valid anymore and they've changed something?

Thanks again.

[CR001]

Fiance visa NOT marriage visitor visa.

Fiance visa is part of he settlement visa category.

[namdom]

Thanks CR001 for clarifying, my mistake. I assume it's this Visa then that we need to apply for first?

https://www.gov.uk/join-family-in-uk

Then get married, followed by extending stay VISA?

Thanks again,
Sam

[CR001]

Thanks CR001 for clarifying, my mistake. I assume it's this Visa then that we need to apply for first?

https://www.gov.uk/join-family-in-uk

Then get married, followed by extending stay VISA?

Thanks again,
Sam

Correct yes. Once you are married apply for FLR(M) within the UK before the fiance visa expires.

[namdom]

Thanks Char!

[namdom]

Just to keep this thread updated if anyone is interested. The "Join Family in the UK" VISA which is the one we'll go for, requires an English test at a certain level (See section 4 in the link on my other post).

After some reading, it appears that the test below is the one we need, and it'll be nice for her to do it while she's still in England. It's valid for two years so gives us time to plan the VISA properly for her to come back.

http://www.trinitycollege.com/site/?id=3219

Unless anyone says different, this is what we'll be doing later this week.

[kaffuk]

Just being curious but... as you intend to apply for a FIANCE visa at the end of her 11 months short term visitor visa, would the UK not consider that an attempt for her to "make the uk her home" and therefore decline it? Even of you get married there could be question of marriage of convenience?

The UKVI is being really really messed up about it.... just saying...

[namdom]

Hi Kaffuk,

That's a good point. The plan is for her to go back home in July. We will then apply for the "Join Family in UK" visa and submit the appropriate documentation (Including this English test which is one of the things UKVI require) The whole plan is to make the UK her home, she'll then come here for the 6 months, we'd get married and then apply for the FLR(M) Visa. I can't see what the issue is, as I mention we've known each other for 5 or so years and it's all legit. Is there some rule I am falling foul of?

Thanks,
Sam

[kaffuk]

"as I mention we've known each other for 5 or so years and it's all legit"

You never lived together? good luck proving that. You will have to provide A LOT of evidences.... I've read some weird stories! Read a bit more on this forum and.... get a lawyer!

[CR001]

"as I mention we've known each other for 5 or so years and it's all legit"

You never lived together? good luck proving that. You will have to provide A LOT of evidences.... I've read some weird stories! Read a bit more on this forum and.... get a lawyer!

Living together is NOT a requirement for a fiance visa. It is ONLY a requirement for an Unmarried Partner visa which is NOT what the OP is applying for.

[kaffuk]

Hi CASA.

I am not saying that he will have an issue with the FIANCE visa. This surely won't be an issue.

I am saying the application to remain in the UK MIGHT be an issue as they might question the validity of the marriage... as you know it is very often the case, especially if getting married on or shortly before her STUDENT visa expires...

Don't you think?

[kaffuk]

By the way... I can't seem to find a fiance visa section/form/guidance notes on the HO website? Anyone?

[kaffuk]

(I called you CASA I don't even know why, please accept my sinceres apologies..)

[vinny]

There's old guidance.

[namdom]

Hi Kaffuk,

Just to clarify. She is here at the moment on a student visa with 100% attendance at her ESOL course. She came over in late August last year and her VISA expires at the end of July, she has lived with me during this time. She will go home two weeks prior to this, the ticket is booked etc, this is definitely going to happen.

Then, once back home, she will apply for a "Join Family in UK" VISA. As for "proof" of our relationship, I doubt this will be an issue. We have photos of us in her country, photos of us in Europe, in the UK, photos of us in South Africa together on holiday and the normal chat logs etc, all verifiable etc and backed up by visa/passport stamps that will help verify it all..

FYI, this is the VISA we will apply for https://www.gov.uk/join-family-in-uk/eligibility and I am reading the section half way down the page about "Joining your Partner"

Once she is issued this visa (6 months) we will plan the wedding date here in England, get it done and then apply for the FLR(M) visa which from what I understand is almost just formality (Although I shall be treating it with importance etc and not taking it for granted)

Does that make more sense? I'm always open to listening to other people's opinions and advice, appreciate it.

Vinny, thanks for your link, I will have a proper read.

Thanks all,
Sam

[namdom]

Hi all,

Just an update on this. Turns out we're getting married in the UK, yay! So time to get a VISA as suggested above.

We're doing the application now online (She's back home) but I'm stumped at the first hurdle. On the Visa4UK site there are three dropdown boxes. If I choose "Settlement" and "Settlement" then these are the options:



Now I don't think it's the "Unmarried Partner" as that means we're already living/lived together for two years. Is it "Marriage", or would this be for marriage and then leaving the UK?

However I found this blog which says it is marriage, even though we plan to stay in the UK. See the text beneath the animated gif:weblink removed by moderator

Can anyone guide me in the right direction please? Our plan is to apply for a "Join Family in the UK" then get married within the six months and then apply to extend the VISA.

To add to the confusion, her passport expires in Sep 2018, so should we wait for her new passport to arrive before we apply? It should arrived in the next month or so, so no great worries if it's best to hang on a few weeks.

Thanks as always,
Sam

[CR001]

Can anyone guide me in the right direction please? Our plan is to apply for a "Join Family in the UK" then get married within the six months and then apply to extend the VISA.

It is marriage if you are applying for a fiance visa from outside the UK.

To add to the confusion, her passport expires in Sep 2018, so should we wait for her new passport to arrive before we apply? It should arrived in the next month or so, so no great worries if it's best to hang on a few weeks.

Yes you need to wait for the passport as the passport details have to be entered into the form.

[namdom]

Thanks CR001. Marriage visa it is then, appreciate your quick response.

I guess the final question for now, is where it asks "How long do you intend to stay in the UK" obviously we'll be applying for leave to remain after the marriage, but any guidance on what I should enter there at the moment? The amount of months until we get married or?

Thanks again,
Sam