TIER4 vs Family Permit

[DanWhite]

Hello,

i am an italian citizen living and working in the UK as a contractor for an IT company. My girlfriend a russian student who would like to come in UK to study and work.Below briefly our story...hope somebody can help.

Last year (january 2014) my girlfriend came in UK with a 6 month student visitor visa for a 2 month english course. She was staying at a friend's house and she stayed in UK the whole 6 months even after the course ended in order to practise with english and pass the IELTS examination. During this period we met, but she had to leave on June 2014.

In october 2014 we applied for coventry university master, asking for a Tier 4 VISA. This visa was officially refused for a bank statement translation mistake. In this Visa she decided not to mention about me as she was afraid to some misjudgement about our relationship.

After that refusal our relationship became even stronger and after several meeting in europe and Russia this winter around march we decided to get married.

Now she is trying to apply again for the UK university for the september term; in order to avoid any issue we decided to go to an agency that could folllow and double check all documentation. They suggested us to avoid the TIER4 application as it will be probably refused because of her staying in UK for more time than the course lenght (even if in VISA validity period). They suggest us to wait for the mariage and apply for a family permit...but that would mean no university for her!!

Please any help or suggestion?

[Obie]

I don't see why the visa will be refused, I don't agree with the adviser.

[DanWhite]

I don't see why the visa will be refused, I don't agree with the adviser.

They say that even if the visitor student visa is 6 month she should have left England at the end of the English course. She stayed the remaining 4 months living in the uk, passing the IELTS examination and travelling sometimes in Europe or Russia for short breaks. They say that this can be judged very badly and cost her even a 10 year ban!! we don't know what to do..

[Obie]

Well that does not appear to be a legally sound advise.