Tier 4 Student Dependant Visa - US Citizens - Under Grad

[RiccardoXXV]

Hello,

I am from the USA and have been studying in England since 2013, my Visa expires in September of 2017. But since I had to take a leave of absence due to injury during the fall semester of 2015 (I am a student-athlete), I am going to finish my degree until December of 2017. After, I will be enrolling in a Masters program for one year. So, I will have to extend my Tier 4 Student Visa, for the remainder of my studies. Which are about 2 1/2 years. But I am planning to send paperwork to extend until June of 2017.

I want to see if its possible to add to my current visa, my girlfriend of two years and three months as a dependent? I am a government sponsored student. And we have been living together either in England (with a standard visitors visa, no overstay), or back in the US, where we have lived together in my parent's house (Summers (two-three months) and the semester that I was injured), we are currently in the US, and the plan is to leave for my next semester in September. And in this situation, how would we even proof that we have been living together since there's really no official paperwork? Also what is the exact amount of money that I would need in order to proof sufficient funds? I would use an official international University letter, that the financial office would provide for me. I just need an idea to the amount.

Did she have to apply with me back in 2013, and because she didn't, now she cant?

After reading like 40+ posts and the UK government Visa website and manuals, those are the questions I still have. Perhaps they are self explanatory, or maybe my situation is "different" (which I doubt).

Thank you for the taking the time to help me.

[Casa]

You have something of a Catch 22 situation here with your partner's visitor status. If you declare that she has living with you while here as a visitor claiming qualification towards the 2 year co-habitation period, the ECO is likely to revoke her right to enter as a visitor in the future. A visitor is permitted only to enter the UK as it says on the tin, to visit, not to live.
The other crucial issue is that in order for an application to succeed as an unmarried partner, you would have to show that you have been living in a relationship 'akin to marriage', with evidence of joint commitments such as shared finances, utility bills in joint names, joint tenancy etc. This has to cover the full 2 year period. Unmarried partner applications come under a great deal of scrutiny and without documented evidence an application stands little (if any) chance. The Home Office take the stance that there is no boyfriend/girlfriend visa
My concern would be the issue over the visitor visa. I assume your partner is entering as a non-visa national? How long did she stay on her last visit? If it was close to the 6 month permitted period she may be questioned by the Immigration Officer on her next entry unless she travels on a pre-issued visa, which I believe is your intention by applying as your dependent.

[RiccardoXXV]

She is in a living arrangement with my parents, and, when I'm home, we technically live together. My second semester, she visited me for three months, But this past spring semester she saved some money and took some time off from work, left with me to the UK in January (they gave her entry for six months), then in March I had some time off, and we toured Europe, when we got back to the UK, the Officer reminded us that she only had three months left, but my semester ended in may, so we had to come back. Technically, she still has one month of the six months.

When we entered to the UK, the officer told me that if she wanted to live with me, that she was going to need a Visa, he told me to look into adding her as a dependent. So that's how I came about wanting to do this, but when I started to read the rules, I was super confused. Because some of the requirements were not that easy as the officer made it seem.

But as I see it, going by the actual definition of unmarried partner, my application would not stand.

After your perspective, I never expected for that aspect of my situation to be the one that made it not possible!

[Casa]

It's not surprising that your partner's re-entry into the UK was flagged by the IO, which is why I advised caution on future entry. For reference, visitors can't be seen to spend more time in the UK in a 12 month rolling period than they are spending in their home country.
Regrettably, you don't have the mandatory documented evidence to support an unmarried partner visa, which I think you are now aware. Marriage?

[RiccardoXXV]

Now marriage has to be an option. It wouldn't be ideal to get married just because of this, but yeah.

Besides marriage, what option in the area of work would she have? She has been working for 4 years in retail now, would be 4 years and a half, (but she left with me). Its a visual merchandising fashion -climb-the-ladder type of job.

Am I correct in assuming that its not a job that would, if offered a position in the UK, help her get a tier 2?

[Casa]

Here's a link to the current shortage occupation list.
https://www.gov.uk/government/uploads/s ... l_2015.pdf

[RiccardoXXV]

thank you for the help!

[Casa]

You're welcome. Post again if you get stuck or need advice along the way.

[RiccardoXXV]

Hello, hopefully I can borrow your knowledge again, for a minute. If we got married, what would her work restrictions be? Would she be able too?

[Casa]

No work restrictions. Can I buy a hat?

[RiccardoXXV]

You'd be invited to the weeding if it happens!
Haha

[CR001]

You'd be invited to the weeding if it happens!
Haha

I will also buy a hat if I can go with my friend Casa to the wedding

[Casa]

You'd be invited to the weeding if it happens!
Haha

I will also buy a hat if I can go with my friend Casa to the wedding

As long as there isn't any weeding to do at the wedding.

[RiccardoXXV]

Hahaha! Good one!

If I remember some other question, I'll come back.

Thank you so much

[RiccardoXXV]

Hello, back with another inquiry.

Maybe for this one I may have to call the embassy. But here it is:

I live in the state of Texas. And for time purposes, marriage doesn't seem to be a possibility because according to the county clerk office, they dont promise to have openings this month or next month, since its weeding season. But, they do have openings for, Informal (Common Law) Marriages to be registered. Which is legally speaking a marriage but without the marriage license and the whole religious or secular spectacle. After speaking with the county clerk we meet the requirements for that type of marriage. But, would they grant her a UK Visa with that type of marriage? Because even some states in the actual United States don't recognize Informal (Common Law) Marriage, only some due.

Thanks

[RiccardoXXV]

only some do*

[Casa]

It appears that it may be possible, See 10.2 https://www.gov.uk/government/uploads/s ... rriage.pdf

also
"In the United States, common law marriage can be contracted in nine states and the District of Columbia. People in these true common-law marriages are considered legally married for all purposes and in all circumstances"

It would be wise to research further to confirm whether this will be accepted by the UKVI Entry Clearance Officer.

[Frontier Mole]

Not seeking to pour cold water over the proposed common law marriage but it is unlikely that it will be accepted. The reason for that is simple it is not a marriage certificate and clearly does not bind the individuals in the formal legal sense of a marriage.
It is closer to that in UK law of a civil partnership but less formal.

So they would more than likely revert back to the rules for unmarried partners. Which brings us back to the starting point of your first post.

I am not saying I have the definitive answer by any means so as Casa says do the research.

Good luck

[Casa]

Thanks Frontier Mole, I had my reservations when I looked into it last night. I can see your concern re the marriage certificate.