Girlfriends visa expiring, options for her to remain?

[john247s]

Hi,

My Japanese girlfriends student visa is about to expire in 3 or 4 months. What are the options for her to stay over here?

I am aware of her getting a job paying over 24k and a sponsor but this does not seem likely at the moment.
What would be the process if i were to become engaged>married... would it be easier to do this is the UK/Japan for her to stay here permanently?

Thanks

[Casa]

You could marry here and then apply for her to switch from student to a spouse settlement visa after the wedding on form FLR(M).
Or you could marry in Japan and apply for a spouse settlement visa from there but the visa fee would be higher.
This is assuming that as the sponsor you are earning a minimum of £18,600 per annum. If you apply for the spouse visa from within the UK you can include your girlfriend's income. Savings over £16,000 could be used to make up any shortfall in earnings as long as they have been held in an accessible account for at least 6 months.
The visa fee will be £649 if she submits a postal FLR(M) application from within the UK, or £1049 if applied for in person. In addition she will have to pay £500 NHS Surcharge online before submitting the application.
https://www.gov.uk/remain-in-uk-family/overview

You will only be able to give notification of your marriage at a Home Office designated Registry Office. The Registrar is required by law to notify the Home Office of the intention to marry and the notification period can be extended from 28 days to 70 to enable the Home Office to interview you both if they choose to do so before the marriage takes place.

[john247s]

You could marry here and then apply for her to switch from student to a spouse settlement visa after the wedding on form FLR(M).
Or you could marry in Japan and apply for a spouse settlement visa from there but the visa fee would be higher.
This is assuming that as the sponsor you are earning a minimum of £18,600 per annum. If you apply for the spouse visa from within the UK you can include your girlfriend's income. Savings over £16,000 could be used to make up any shortfall in earnings as long as they have been held in an accessible account for at least 6 months.
The visa fee will be £649 if she submits a postal FLR(M) application from within the UK, or £1049 if applied for in person. In addition she will have to pay £500 NHS Surcharge online before submitting the application.
https://www.gov.uk/remain-in-uk-family/overview

You will only be able to give notification of your marriage at a Home Office designated Registry Office. The Registrar is required by law to notify the Home Office of the intention to marry and the notification period can be extended from 28 days to 70 to enable the Home Office to interview you both if they choose to do so before the marriage takes place.

Thanks for your reply, yes i earn over 18k so that wouldn't be a problem, roughly how much more would it cost to get married in Japan? She is planning on returning there within a few months so doubt we would have enough time to marry in the UK unfortunately..

[Casa]

The visa fee would be £956 + £600 NHS surcharge as if granted the visa would be issued for an initial 33 months. She would have to enter to the UK within 30 days of the visa issue date in order to activate her BRP within 10 days of entry. She wouldn't be able to include any of her UK income in the financial calculation if she submits the application in Japan. Your income must be at least £18,600 p.a by the way...not £18,000. Have a read through the information in this link which refers to an application submitted outside of the UK for a spouse settlement visa.
https://www.gov.uk/join-family-in-uk/overview

[john247s]

The visa fee would be £956 + £600 NHS surcharge as if granted the visa would be issued for an initial 33 months. She would have to enter to the UK within 30 days of the visa issue date in order to activate her BRP within 10 days of entry. She wouldn't be able to include any of her UK income in the financial calculation if she submits the application in Japan. Your income must be at least £18,600 p.a by the way...not £18,000. Have a read through the information in this link which refers to an application submitted outside of the UK for a spouse settlement visa.
https://www.gov.uk/join-family-in-uk/overview

ok many thanks.. I will have a read of the link...