UK National and Chinese Student looking to extend visa via Spouse

jmf121 · Post by **jmf121** » Sun Feb 23, 2020 5:52 pm

Hi there,

I am in a relationship with a girl who is from China. She is currently studying here and we are living in different cities. After chatting online for over a year, e've met twice, first in October last year for a long weekend in her city, and then for Christmas, she spent two weeks with me here and met my family etc. I have not met her family as they don't speak English - not sure if this will affect the visa application for us. Her visa runs out in November, and we want to stay together here in the UK.

Hoping somebody here has been in the same situation and can offer guidance as to our options for staying in the UK together as a couple. Which visa can we apply for in our situation? The main difference to our situation is that my partner is already in the UK, and is living and studying here under a student visa.

I'll list any info that might affect our application here:

Myself:
- I have just accepted a new job which starts on the 9th of March, it's a salary job which pays over the threshold of £18, 700p.a
- I am moving city for this job, so will have to move back in with my parents until I find my own place, which will either be a flatshare or a one-bedroom rental property.
- I have a past conviction which resulted in a fine issued by the court, which was paid off around 2014

My partner:
- She has been living here for two years for university. Her course finishes in August
- Her student visa will expire in November
- She is a Chinese national
- She is legally allowed to work part-time currently but has been focusing on her studies. She does, however, do some very infrequent part-time work at her university for a course ambassador role

Us as a couple:
- Met online
- Live in different cities but plan to live in the same city after her course finishes
- Have met in person twice
- She has met my family
- I haven't met her family
- We have photographs of us together
- We have years worth of chat logs, phone and video call logs, as well as emails dating back just over a year

seagul · Post by **seagul** » Sun Feb 23, 2020 6:42 pm

jmf121 wrote: ↑
Sun Feb 23, 2020 5:52 pm
etc. I have not met her family as they don't speak English - not sure if this will affect the visa application for us.

Her family's inability to understand English will be irrelevant to the case. The only feasible option will be the spouse visa upon marrying for which you can read the following guidance:

https://www.gov.uk/uk-family-visa/partner-spouse

secret.simon · Post by **secret.simon** » Sun Feb 23, 2020 7:20 pm

jmf121 wrote: ↑
Sun Feb 23, 2020 5:52 pm
Us as a couple:
- Met online
- Live in different cities but plan to live in the same city after her course finishes
- Have met in person twice
- She has met my family
- I haven't met her family
- We have photographs of us together
- We have years worth of chat logs, phone and video call logs, as well as emails dating back just over a year

Are you either
a) married, or
b) living together in a relationship akin to marriage (joint bank accounts, joint bills,-and together-,etc) for at least two years?

Being boyfriend/girlfriend for two years (or even longer) is irrelevant, as is planning to live together in the future.

jmf121 · Post by **jmf121** » Sun Feb 23, 2020 8:43 pm

secret.simon wrote: ↑
Sun Feb 23, 2020 7:20 pm

jmf121 wrote: ↑
Sun Feb 23, 2020 5:52 pm
Us as a couple:
- Met online
- Live in different cities but plan to live in the same city after her course finishes
- Have met in person twice
- She has met my family
- I haven't met her family
- We have photographs of us together
- We have years worth of chat logs, phone and video call logs, as well as emails dating back just over a year
Are you either
a) married, or
b) living together in a relationship akin to marriage (joint bank accounts, joint bills,-and together-,etc) for at least two years?

Being boyfriend/girlfriend for two years (or even longer) is irrelevant, as is planning to live together in the future.

Hi, she will move to my city after her course. So we will be living together at that point. We will also marry if we need to.

secret.simon · Post by **secret.simon** » Sun Feb 23, 2020 9:21 pm

jmf121 wrote: ↑
Sun Feb 23, 2020 8:43 pm
she will move to my city after her course. So we will be living together at that point.

If you plan to do it via the durable partner route (without marriage), you need to have already lived together in a relationship akin to marriage (as above) for at least two years before the application is made.

jmf121 wrote: ↑
Sun Feb 23, 2020 8:43 pm
We will also marry if we need to.

Keep in mind that if she is in the UK, any proposed marriage will need to take place at specified Registry Offices and the notice period of the marriage can be extended from the normal 28 days to 70 days while the Home Office investigates the genuineness of the proposed marriage.

So, to ensure that she can apply before her current visa expires, you will need to apply to marry her at least 70 days (ideally more) before the end of her visa.

Keep in mind that, given that you and she live in different cities currently, the Home office may not be convinced of the genuineness of the marriage.

You may want to look at moving with her to another EEA member-state before the transition period ends and residing there for a while (more than 3 months, ideally 6 months to a year or longer) before returning to the UK.

jmf121 · Post by **jmf121** » Sun Feb 23, 2020 11:59 pm

secret.simon wrote: ↑
Sun Feb 23, 2020 9:21 pm

jmf121 wrote: ↑
Sun Feb 23, 2020 8:43 pm
she will move to my city after her course. So we will be living together at that point.
If you plan to do it via the durable partner route (without marriage), you need to have already lived together in a relationship akin to marriage (as above) for at least two years before the application is made.

jmf121 wrote: ↑
Sun Feb 23, 2020 8:43 pm
We will also marry if we need to.
Keep in mind that if she is in the UK, any proposed marriage will need to take place at specified Registry Offices and the notice period of the marriage can be extended from the normal 28 days to 70 days while the Home Office investigates the genuineness of the proposed marriage.

So, to ensure that she can apply before her current visa expires, you will need to apply to marry her at least 70 days (ideally more) before the end of her visa.

Keep in mind that, given that you and she live in different cities currently, the Home office may not be convinced of the genuineness of the marriage.

You may want to look at moving with her to another EEA member-state before the transition period ends and residing there for a while (more than 3 months, ideally 6 months to a year or longer) before returning to the UK.

Just a few more questions about our application.

As I am just starting a new job, which meets the threshold annual income, I won't have 6 months of payslips to prove this until September.

Her course finishes in August, which means we would hope to be living together by then.

Because of the payslips, we probably can't apply for a marriage visa until September.

For getting married, I am reading there is a "notice period" - how long would it be for my partner? And how easily is this done on a student visa, while we both live at separate addresses?

Also wondering when would be the best time to get married given the timeline above.

I am also wondering how genuine this will look to the home office. Is this fast pace of moving in, getting married, and applying for a visa a normal thing to them? I am worried the relationship might not look genuine considering we have at this point, only met twice.

secret.simon · Post by **secret.simon** » Mon Feb 24, 2020 3:54 am

jmf121 wrote: ↑
Sun Feb 23, 2020 11:59 pm
For getting married, I am reading there is a "notice period" - how long would it be for my partner?

secret.simon wrote: ↑
Sun Feb 23, 2020 9:21 pm
Keep in mind that if she is in the UK, any proposed marriage will need to take place at specified Registry Offices and the notice period of the marriage can be extended from the normal 28 days to 70 days while the Home Office investigates the genuineness of the proposed marriage.

So, to ensure that she can apply before her current visa expires, you will need to apply to marry her at least 70 days (ideally more) before the end of her visa.

geoeng · Post by **geoeng** » Mon Feb 24, 2020 8:38 am

jmf121 wrote: ↑
Sun Feb 23, 2020 11:59 pm
I am also wondering how genuine this will look to the home office. Is this fast pace of moving in, getting married, and applying for a visa a normal thing to them? I am worried the relationship might not look genuine considering we have at this point, only met twice.

On the face of it, it seems unlikely to be considered abnormal given the variety of situations the Home Office would see on a regular basis. Having met in person is one of the requirements, which you would meet. The other significant requirement is that the relationship be genuine and subsisting and it would be up to you to provide evidence of this showing that, on the balance of probabilities, the requirement is met (photos together and any evidence of having spent time together, evidence of ongoing regular communication, etc.). Keep in mind that the UK isn't that big and is relatively easy to get around relative to most of the long distance relationships the Home Office would typically see.

jmf121 · Post by **jmf121** » Mon Feb 24, 2020 10:17 am

geoeng wrote: ↑
Mon Feb 24, 2020 8:38 am

jmf121 wrote: ↑
Sun Feb 23, 2020 11:59 pm
I am also wondering how genuine this will look to the home office. Is this fast pace of moving in, getting married, and applying for a visa a normal thing to them? I am worried the relationship might not look genuine considering we have at this point, only met twice.
On the face of it, it seems unlikely to be considered abnormal given the variety of situations the Home Office would see on a regular basis. Having met in person is one of the requirements, which you would meet. The other significant requirement is that the relationship be genuine and subsisting and it would be up to you to provide evidence of this showing that, on the balance of probabilities, the requirement is met (photos together and any evidence of having spent time together, evidence of ongoing regular communication, etc.). Keep in mind that the UK isn't that big and is relatively easy to get around relative to most of the long distance relationships the Home Office would typically see.

Basically, she is studying and we have both agreed her studies come first. She has been very busy with this and I hope the home office would recognise her as hard-working and not question why we didn't meet more!

seagul · Post by **seagul** » Mon Feb 24, 2020 11:29 am

jmf121 wrote: ↑
Mon Feb 24, 2020 10:17 am

Basically, she is studying and we have both agreed her studies come first. She has been very busy with this and I hope the home office would recognise her as hard-working and not question why we didn't meet more!

No it won't be taken into any consideration and application will still process on its own merit where all requirements will have to be met in its entirety. Also be informed that you can even marry her outside of UK which will also be valid in UK.

AmazonianX · Post by **AmazonianX** » Tue Feb 25, 2020 10:07 am

jmf121 wrote: ↑
Mon Feb 24, 2020 10:17 am

geoeng wrote: ↑
Mon Feb 24, 2020 8:38 am

jmf121 wrote: ↑
Sun Feb 23, 2020 11:59 pm
I am also wondering how genuine this will look to the home office. Is this fast pace of moving in, getting married, and applying for a visa a normal thing to them? I am worried the relationship might not look genuine considering we have at this point, only met twice.
On the face of it, it seems unlikely to be considered abnormal given the variety of situations the Home Office would see on a regular basis. Having met in person is one of the requirements, which you would meet. The other significant requirement is that the relationship be genuine and subsisting and it would be up to you to provide evidence of this showing that, on the balance of probabilities, the requirement is met (photos together and any evidence of having spent time together, evidence of ongoing regular communication, etc.). Keep in mind that the UK isn't that big and is relatively easy to get around relative to most of the long distance relationships the Home Office would typically see.
Basically, she is studying and we have both agreed her studies come first. She has been very busy with this and I hope the home office would recognise her as hard-working and not question why we didn't meet more!

You may not be meeting more and still have subsisting relationship especially with not being in same city hence other evidence of the relationship like messages, chats, phone calls.
Whatever clarification to be made can be done in your cover letter.

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UK National and Chinese Student looking to extend visa via Spouse

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