how can a chinese lady student remain in uk with english bf

[johnnny english]

my girlfriend is chinese and has been studying for a masters. her visa ends in december.

1.what is the best route for her to remain in the uk assuming she doesnt continue studying,

2.is it too late to get a spouse visa and is it easy to obtain

3.if we married here would she still have to leave in december

4. some people have told me if we want to marry we would do best marrying in china then applying for her to come, is this an old wives tale?

sorry for bombarding the experts here with questions, the rules are so complicated i have found them unfathomable

very best wishes to everyone who may be able to help and thankyou fo reading

[Obie]

Well how long have you been in a relationship with this person, Johnny English?

Do you earn up to 18600 per Annually?

[johnnny english]

haha, thankou so much for the speedy reply, yes i exceed that requirement and have known her about 4 months

if she is expecting a baby and overstayed to give birth, would the baby automatically get a uk passport?

[johnnny english]

ps!!!

i suppose what i was wondering is whether she could then apply to stay on the basis of having a uk dependent?

thanks again!!

[Obie]

Is that what you are planning?

Is she pregnant at present or Is it your aspiration to get her pregnant in order to facilitate her stay here? Well getting a baby for that specific purpose is not a very wise move.

If she is the one and you aspire to spend the rest of your life with her, then you could tie the knot.

[MPH80]

The short answer is that her options are to find an extension of her student visa (tricky I think), get sponsored onto a work visa (hard), get married to you and apply for a spouse visa.

So option 3 looks like the best if you're serious about her - but 4 months isn't long.

You could marry in 15 days time if you gave notice at the registrars tomorrow and apply for the visa on a premium same day service and it could all be done before the end of October. You'd need to show an intention to live together. You should also understand that this is a 5 year path to settlement.

If she overstays and gives birth you're on a long hard road with the visa - the home office will simply argue the baby could relocate with you all to China. That might get overturned in an appeal - but we're talking a year or two down the road. She'll also find herself with an NHS maternity bill which if there are any complications will be very sizeable.

However, if you are british and a baby is born here with you as the father then, yes, the baby would be british. However, that, in itself is not enough for a visa to be granted unless she still has a valid visa at that point. If she doesn't have a valid visa when the baby is born - then they test if it would be unreasonable to require the child to go with her - which for a tiny baby wouldn't be a hard test for them to fail her on.

[johnnny english]

haha what fantastic responses!!


thanks for taking the time to reply, i suppose she will be on the plane and take it from there!

if the lady returns to china, and she gives birth there, would there be a right to have the child live in the uk on the basis that the baby is british

[Obie]

haha what fantastic responses!!


thanks for taking the time to reply, i suppose she will be on the plane and take it from there!

if the lady returns to china, and she gives birth there, would there be a right to have the child live in the uk on the basis that the baby is british

If she is pregnant, why do you want her to be in a plane, or suggesting that?

I would have thought you will want to be around to support them?

If you child is born in China, he will be British but only by descent. He will not be able to pass his British citizenship to any child that is born to him or her outside the UK. If he/she is born in the UK, then he/she will be a British at Birth, and will be able to pass on Citizenship to future descendant, wherever they are born.

She may be able to secure Leave on the basis of the child, on condition that you are not a partner.

If your relationship is far away from 2 year, then it is sensible to get married.

[Casa]

If you decide to marry in the UK she would switch to a spouse visa on form FLR(M) after the wedding takes place ( and before her current visa expires).

[MPH80]

I'll just repeat the first part of my answer in case it got lost in the maze of the other options you're exploring:

The short answer is that her options are to find an extension of her student visa (tricky I think), get sponsored onto a work visa (hard), get married to you and apply for a spouse visa.

So option 3 looks like the best if you're serious about her - but 4 months isn't long.

You could marry in 15 days time if you gave notice at the registrars tomorrow and apply for the visa on a premium same day service and it could all be done before the end of October. You'd need to show an intention to live together. You should also understand that this is a 5 year path to settlement.