Changing from Student Visa to Partner visa in UK

[klm00]

Hi there

Im a UK citizen and my partner is Chilean, we both live in Chile at the moment. We want to move back to the UK and he has been accepted to do a Masters in London from September.

We are trying to work out which visa route is the best option - i think due to the length of time it can take for the partner visa we will need to go the student visa route - as processing times are stated to be quicker - and we have travelled planned in July/August so need his passport back asap.

If we go the student visa route can we change to a partner visa while he is in the UK and could we start the process pretty much straight away after we arrive - are there any risk/downside to doing so?

Also, we plan to marry but ideally not imminently, so would be looking at the partner visa. We have been together for three years, but a year of that was travelling and then since then we've been living in Chile, where we don't have anything other than the tenancy agreement in joint names, and I only have a couple of letters from UK accountants addressed to me here, nothing else. Part of the time here we also lived with his parents.

Would the tenancy agreement, accountants letters in my name, bookings for many flights taken together, numerous hotel reservations, tonnes of photos over the time - including at my sisters wedding in the UK, a statement from his parents saying we lived with them be sufficient evidence of the relationship? Or are we going to struggle to "prove" the relationship given we only have the one tenancy agreement in both names??

Just to add, Im aware of the financial requirements for the partner visa and will be able to meet them.

Many thanks!!

[CR001]

Student visa is fine and your partner can switch to spouse visa once you are married. Cohabitation proof for 2 years is not required if you are newly married but you can submit what you have.

[Casa]

1. You may struggle to prove a 2 year period of co-habitation in a relationship 'akin to marriage'. Generally the Case Worker will want to see evidence of joint finances, shared tenancy or mortgage etc showing that this is more than a boyfriend/girlfriend relationship. This may be difficult if you were travelling during a large part of the qualifying period.
2. Yes you are permitted to switch to an unmarried partner visa or spouse from within the UK on form FLR(M). However, as the sponsor you will have to show that you are earning a minimum of £18,600 per annum unless you have £62,50O in savings held in an accessible account for the last 6 months.
You will need to have been employed in the UK at this level of income for at least 6 months, Your partner's earnings will also be considered, as long as he isn't working in excess of the permitted 20 hours a week as a student.

[klm00]

well we travelled for about 8 months together and the rest we have been living together in Chile for 2 years, though only we have the joint tenancy agreement for part of it as we were in a temporary rental through airbnb for a few months - i guess i could get records of that - and then at his parents for 2 months so we could get a statement from his parents that we lived with them. I guess the other thing is evidence of communication which we have a tonne of through whatsapp, facebook and phone records if we could get them.

Do you still think risky? If we were married then am i right in thinking we just need the marriage certificate or do we still need to prove the relationship?

for the partner visa I'd be relying on savings, i meet the requirements. From what I've read I wouldn't need to supply evidence of salary if i go the savings route? I've been self-employed while in Chile so the earnings route would be complicated.

[Casa]

Marriage (if you were considering this anyway) would be simpler as you would only have to prove a 'genuine relationship' without the 'akin to marriage/co-habitation requirement.
Savings alone if you have sufficient funds will be fine.

[klm00]

Thanks so much for your replies.

We are planning to get married but hadn't intended to do it so soon - its a logistical nightmare with the two countries and my partner isn't keen to do it without both families present at the same time.

So partner route would be better but I worry about our lack of required docs!!

One last question - whether spouse or partner - if I meet the financial requirements do he need to have a certain amount available to him in his account? He doesn't have a lot of savings and won't be able to work while studying as the masters is v intensive.

[CR001]

So partner route would be better but I worry about our lack of required docs!! If you do not have the required cohabitation documents for a full 2 year period prior to applying for an unmarried partner visa, it will be refused.

One last question - whether spouse or partner - if I meet the financial requirements do he need to have a certain amount available to him in his account? He doesn't have a lot of savings and won't be able to work while studying as the masters is v intensive. No, you as the sponsor alone have to meet the financial requirement. Savings can be held jointly though.

[klm00]

So plans had continued and we started doing the student visa application at the weekend, and realised that in the online form we will have to give all my details on that form as it has options for unmarried partner, fiance etc (the printed one that we reviewed previously just had single or married and he will be single at the date of application), and we are now engaged and intending to get married in South America the next month.

Im really worried that if we include my details, as a british citizen, on the student visa application they will be suspicious that my bf isn't going to want to leave in a years time and refuse his student visa.

We do want to apply for the spouse visa and had planned to convert after we were married and once we had arrived in the UK.

Am i being overly concerned about my details affecting the student visa application??

If there is a risk of him being rejected cos he has a British Partner??,

If so what are our options, is there a visa we can apply for while we are both outside of the UK, or is there no option but for me to go to the UK and then him apply to join me on the 6 month visa that we then convert to the 2.5 year spouse visa??

Please help, feeling desperate and like all our plans have just started unravelling!!!