Gap between Tier 4 and Unmarried partner's (or other visa)

[hip999]

I want to obtain an Unmarried partner's visa but my Tier 4 visa expires 6 weeks before I have been living with my UK citizen partner for the required 2 year period.
It seems this means that I will have to find a new course of study and enrol on it for 6 weeks maximum (actually probably only 2 weeks as I am allowed to start a new course up to one month after expiry of my current Visa), but will have to pay the FULL year's course fee (of several thousands of pounds) ... which will be wasted.
Does anyone know any legal way around this situation?
Failing that, does anyone know of any Colleges in London offering low course fees?

[Greenie]

Apply for leave as an unmarried partner by post shortly before your leave expires. Applications generally take longer than 6 weeks to process and the relevant date is the date of decision so as long as you have been living together for two years by the time a decision is made and you otherwise meet the rules you should be ok.

[vinny]

Agree.

Submitting a valid in-time postal Unmarried partners application should be okay, if you satisfy the Unmarried partners requirements on the date of the decision.

[hip999]

Thanks for all the good advice here ... this is what solicitors want to charge hundreds of pounds to tell me.

Would the fact that I also wish to bring my son into the UK as a dependent affect this matter? It seems that I should apply for him at the same time as for my own Visa but is it true that if he is refused then so will I be? If that is the case, then would it be best if I submit my own Visa application first and then his after I receive mine? Are their any disadvantages to doing it in that way?

It does worry me a little, in respect of my own application for Unmarried Partner's Visa, that UKBA will actually push through the decision to before the two year period occurs so that they can reject it. That would be ironic because it took me over one year to obtain a decision on my Tier 4 Visa; there were no problems, the application was perfect, they just never bothered to do it and would never tell me anything when I enquired. I believe I waited so long simply because my application was perfect in every detail (I even attended a Highly Trusted College to be 'perfect'); a friend who attended a Status A college received his Visa within a few weeks (I think this is all because I was allowed to start my course without obtaining permission first, as is the rules if the college is Highly Trusted, but my friend needed permission before being allowed to start his course - so they rushed his through and kept me 'in limbo' for a year. Just shows it does not pay to be perfect with UKBA!).

[vinny]

I intend to apply for an Unmarried Partner's Visa (UPV) and am sure that all requirements are fully covered.

I also wish to bring my son into the UK as a dependent and assumed I would apply for his Visa at the same time (on my application form) but I have been told that if he is refused then my UPV application will also be refused.

Is that true and, if so, would it be best if I submit my own Visa application first and then his after I receive mine? Are their any disadvantages to doing it in that way?

[Greenie]

If you are applying from inside the UK and your son from outside it will not be possible to apply at the same time so you should wait until your application has been granted.

Who is your son living with at the moment?

Regarding ukba rushing through a decision before the two years, your case won't even be allocated to a case worker until after you have given biometrics - you can only do this once they have sent you the biometric letter which usually takes at least 2 or 3 weeks and you then have 3 weeks to give your biometrics. The chances of a caseworker even looking at your application within 6 weeks is pretty slim.

[hip999]

Thanks for the help.

I had my Biometrics done about a year ago for my Tier 4; don't they use the same ones?

My son presently lives with his paternal grandparents as his father has left; although he is still in the Philippines and does keep in touch with his son sometimes by phone. My son's grandparents often leave him alone in the house (he is age 10) and he phones me in tears as he is frightened; so I feel it is not good for him to be there and it is very upsetting for me.

I have a UK divorce from my son's father.

[vinny]

As Greenie stated, it's probably best to wait until your application is granted before applying for your son.

If your son's father is alive, then you will need to show sole responsibility for your son when he applies.

[Greenie]

Yes you will have to give biometrics again. You give them everytime you make an application in a category in which biometrics are required-which is almost every category now
How long have you been in the UK away from your son?

[hip999]

I have been in the UK since November 2009 and have not returned to The Philippines since that time due to my studies and a health problem with my partner (the UK citizen).