Girlfriend's student visa about to expire & wants to sta

[Ziggy72]

I've been dating my American girlfriend for two years this 4th September. Her 3 year study visa expires in October, and she's just gained a degree here. We've been living together for around a year. Her life is now here in London - her friends, her work contacts and of course me.

We've been looking for advice on how she can stay here and have told the only way is to get married as we haven't lived together for the two years minimum period. This seems so unfair, and we're both very upset about the whole situation.

Can anybody help with any other suggestions? For example, can she work abroad for a few weeks and then go back and forth until the two years minimum living together limit has been met?

We're really desperate to sort something out and we just don't have all the money needed for visa applications and a wedding.

We'd really appreciate any help in this matter. Thanks in advance.

[Lucapooka]

There are no girlfriend/boyfriend visa categories in the UK (or anywhere else for that matter). You need to have been in a relationship akin to marriage for at least two years. You can see the need for this, otherwise the system would be open to wholesale abuse (more than it is already!).

If she tries to effectively live in the UK by staying for six month periods as a visitor, only broken by a short stay trip outside, she, depending on her luck, may get away with this in the short term, but will eventually be refused entry on arrival on that basis. The cap on visit entry is six months out of twelve.

[Ziggy72]

We've been together two years this September and living together for a year. Doesn't his count at all? We hate the idea of being forced into a marriage just so we can stay together - it just doesn't seem right.

What we were hoping would be possible is for her to stay as a visitor and make up the two years living together that way?

[Lucapooka]

Being together implies dating, which, in itself, does not count. Living together counts if it's in a relationship akin to marriage, with a papertrail of common assets, bills and official instruments billed to a common address. So,not merely flat mates. But, even so, you are a year shy of the mark.

[Ziggy72]

But can we make that year up if she's still living here but popping home and coming back and staying here on a tourist visa?

Or can she get a job here and stay if she finds a company that will sponsor her?

[MPH80]

It'd be hard to argue 'relationship akin to marriage' if she's saying she lives in America every time she arrives.

The latter option (company sponsorship) is the best option beyond getting married.

[Mr Rusty]

We're really desperate to sort something out and we just don't have all the money needed for visa applications and a wedding.

.

On top of that, you should be aware that there are now minimum income requirements for sponsors of spouse visa applicants. You'd better start by reading this page, then follow the links:-

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

[Ziggy72]

The latter option (company sponsorship) is the best option beyond getting married.

There seems to be next to zero opportunities in terms of seeking employment in costume design which she has just gained her degree in.

[MPH80]

In which case - I see four options:

1) You marry before September 4th and apply in country

2) She leaves, but you either marry in the US or get engaged to get her a 6 month fiancee visa so she can return.

3) She starts her own business using some cash from somewhere (probably needs to be hundreds of thousands) to qualify for tier 1 entrepreneur.

4) You look at moving to the USA.

The reality is - Britain isn't an open door (and never really has been) - but it's getting tighter all the time. We don't have a 'continue a relationship' visa - so if you don't qualify under a work category then, like me and my wife, you have to get married to be together in this country.

My wife and I worked out we spent less than 6 months in each other's actual company before we got married and it wasn't ideal, but it was the right choice for us.

M.

[MPH80]

Actually - option 5 - she finds another course and gets another student visa.

[Ziggy72]

She can't afford to do that. Her last course cost £14k a year.

[newperson]

There seems to be next to zero opportunities in terms of seeking employment in costume design which she has just gained her degree in.

I'm confused. £14k+/year to get a degree for which there are no post-graduation opportunities? Was it just a one-year course or a three/four year-programme during which time the hiring landscape just changed dramatically?

If that's really the case and there's absolutely nothing there, then MPH80 is really offering the best advice possible. Apart from her being on the work visa path, your choices are really:

1) Get married and stay in the UK
2) Get married and move to the US
3) Apply for her to spend more time as a student. After racking up two documented years of living together, then you can apply for an unmarried partner visa.

And please, don't be tempted to have her overstay. As many can attest, that just adds to the misery. :-/

[Ziggy72]

Thanks for the feedback everybody. She feels she's too young to get married. She can't afford to take another course as she's an international student. And she can't find full-time work as a costume designer anywhere at the moment. All she's been doing is getting very upset and beginning to really dislike Britain for denying her a home after having spent the past three years of her life studying and settling here. All this sudden serious decision making is putting a hell of a lot of pressure on our relationship which was fine up until we started to look into her options.

It really does annoy me. I have a friend who has a dual UK/Irish passport and he has more rights than I do, as he comes under European rather than National UK law. His girlfriend can stay no problem! How is that fair?

[Lucapooka]

You are woefully misinformed. The two year co-habitation rules apply equally to applications under the EU rules. I agree that you should not marry as it appears from your posts and general perceptions that you have a lot of growing up to before you are ready for that step in your life.

[Ziggy72]

Ha - I'm 50!

[Lucapooka]

Then I pity you!

[PaperPusher]

This one is worth a look:

http://www.ukba.homeoffice.gov.uk/visas ... -exchange/

[Mr Rusty]

It really does annoy me. I have a friend who has a dual UK/Irish passport and he has more rights than I do, as he comes under European rather than National UK law. His girlfriend can stay no problem! How is that fair?

That loophole is closed to new applicants w/e/f 16th October.

[anniecc]

Has your gf looked at other work opportunities beyond simply working as a costume designer? Many graduates do not immediately find work in their profession of choice, perhaps she should talk to a careers adviser at her university?

While the requirements for post-study work have been tightened, if your gf has just finished a UK degree there are still some favourable exemptions that make it possible for her to work here. These special rules only apply if she applies for the work visa while she still has valid leave to remain as a student.

[Ziggy72]

Thanks for the feedback anniecc - can you elaborate on those favourable conditions? She's open to suggestions.

She's been looking through the list of companies that are registered for sponsoring international students but so far she's found nothing yet. She's becoming rather depressed right now and her time is running out fast.

[anniecc]

Normally when employers sponsor somebody for a work permit, they have to be able to show that no UK or EU applicant could do the job. This is called the resident labour market test. People who are transferring to the Tier 2 work visa category from a student visa are exempt from this requirement, although they still have to meet the other requirements for Tier 2 e.g minimum salary.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

I agree with others that marriage seems like the most straight-forward option.

[Ziggy72]

I know - but it's like we're being forced into marriage wether we like it or not. She want to be here for what she can do, not who she can marry. It's a really unfair system.

[Greenie]

You can't seem to make your mind up - does she want to stay here to be will you or to work in her chosen profession. If she wants to stay here on the basis of 'what she can do' she needs to secure employment with an existing tier 2 sponsor or an employer willing to register as one. if she can't do that and isn't ready to marry she needs to return home. Spending money in the UK on a degree is not a ticket to settlement and never has been. If there are next to zero opportunities in her field perhaps she needs to look elsewhere for work.

[Ziggy72]

There's lots of work here for her, just not from a company that has accreditation from the Home Office which would enable her to get some sort of sponsorship.

[Greenie]

There's lots of work here for her, just not from a company that has accreditation from the Home Office which would enable her to get some sort of sponsorship.

earlier you said there was 'zero opportunity'

The company doesn't need to be an existing sponsor as long as the employer is willing to register with ukba and sponsor her.