Switching from student visa to unmarried partner?

[Dozza]

Hi there! Apologies if this is the type of question that's been answered on the board before, but I'm bit overwhelmed with all the information and am trying to narrow things down.

I am an American in the UK on a Tier 4 student visa. I have had two student visas -one for studying for a Masters Degree which has expired, and then I reapplied and am now in the UK on my current one for a PhD. (I have been in the UK for 6 years total.) My current visa expires at the end of November 2016. I have had no luck yet finding a job that meets the salary requirement for Tier 2.

My boyfriend and I will have lived together for 2 years on November 1, 2016. We have been considering applying as unmarried partners, as he is a British citizen. My concern with applying via this route is that we cannot apply until November 1 (to ensure we meet the 2 year co-habitation requirement) and my current visa expires November 30, 2016. I'm terrified of overstaying. Does putting in a new application put my current expiry date on hold? Or will I need to return home and apply from outside the UK? and how will that affect the way our co-habitation is viewed?


A second part to this question - my boyfriend meets the income requirement for sponsoring me as an unmarried partner if he includes his tips as his income, although the tips are not specifically listed as part of his "salary" in his work contract. As long as he is paying taxes on his tips, will they still be counted as part of his earnings?

Many thanks for any help or advice! I've made a life here, and I'm so worried about having to leave it all behind!

[Casa]

As long as you submit your FLR(M) visa application before the expiry of your current visa, your legal status will remain valid while the application is being decided.

Without researching, I'm not sure about including tips in your partner's earned income? Are you working within your permitted 20 hours? If so, joint income will qualify.

[Dozza]

Many thanks for the information!! That really helps! I also did not realize that I could count my own income, but after looking over all the info and some of the links listed on the message boards, it all makes sense now! You've saved the day! Thank you so much!

Also, I have emailed the home office and am awaiting clarification, but the back of my visa says I am legally allowed to work 20 hours max during term time and 40 hours max during non-term time. I had assumed (you know what they say about assuming! ) that I'd be able to work 40 hours legally now that I have graduated. Have I made a huge mistake?

[Casa]

Relax!
"Provided you have studied a course of at least 12 months in length, your Tier 4 visa should expire four months after your course completion date.

During this four month period you can work full time provided you have finished your course, including handing in all outstanding course work and dissertations. You are subject to the usual student employment restrictions, so you cannot be; self-employed, a professional sports person or entertainer, a doctor in training (unless on a recognised foundation programme), and you cannot take a permanent vacancy."

https://www.york.ac.uk/students/support ... r/working/

PS. You're in for a long wait for the HO to reply to your enquiry...and even when/if it comes, you won't be able to rely on the advice being correct.

[Dozza]

Oh my goodness - thank you so much! You've made me feel so much better (and so relieved)! Really appreciate your help!

[Casa]

Always happy to be the bearer of good news.