Please help! T4 to T4 dependent or job seekers visa

[kelinh]

Hi there,

Both my partner and I came here since September 2015 on Tier Student 4 visa for a Master degree. While my course lasts for 1 year, my partner’s is a two year program. My visa will expire in less than 2 month time, while my partner’s visa will expire on January 2018. Our purpose is to stay close to each other (at least in the UK or maybe Europe) until my partner finishes studying; then we can move to somewhere or move back together. I have been looking for job to move to Tier 2/Tier 5 work visa but so far no positive outcome.

We have thought of some alternatives and hope to receive your advice on it.

1) We have been living together since coming here (Sep 2015) and would have no problem proving that our relationship is genuine. However, it doesn’t meet 2 year requirement to declare unmarried partnership. We decided that we want to get married now to ensure relationship security and to be easier to move together in the future. We hope to do this before my current visa expires when both of us are in the UK as we are from different nations. We have booked appointment to give notice on 8 Dec 2016 and we are aware that it may take up to 70 days if HO investigation is required.

So my question is:
(i) If there is not enough time to go through the process of getting married in the UK, can I apply for marriage visitor visa to do so if let say after 70 days we obtain permission?
(ii) After marriage, could I apply for Tier 4 dependent visa in country based on my Tier 4 visa (in case we are able to get married before my visa expires) or on marriage visitor visa? Will the HO classify our case as marriage for convenience and reject Tier 4 dependent?

2) I plan to apply for Job seeker visa (Germany/Netherlands) so that I can seek for employment there and my partner can visit me easier or join me once she finishes her studying. Is this a feasible option for us?

3) Could you please suggest any other options for our situation?

I’d really appreciate any advice that you can offer for our case. Thank you very much.

[CR001]

(i) If there is not enough time to go through the process of getting married in the UK, can I apply for marriage visitor visa to do so if let say after 70 days we obtain permission?

If the time is extended to 70 days and your visa expires in less than 2 months, then no, you won't have enough time and once your visa expires, you will be an overstayer. A marriage visitor visa can only be applied for from abroad. You cannot apply for this within the UK.

(ii) After marriage, could I apply for Tier 4 dependent visa in country based on my Tier 4 visa (in case we are able to get married before my visa expires) or on marriage visitor visa? Will the HO classify our case as marriage for convenience and reject Tier 4 dependent?

Ff you get a marriage visitor visa, you are not permitted to 'switch' to any other category of visa within the UK. You will have to return to your home country to apply for a Tier 4 Dependent visa.

2) I plan to apply for Job seeker visa (Germany/Netherlands) so that I can seek for employment there and my partner can visit me easier or join me once she finishes her studying. Is this a feasible option for us?

Not a UK immigration question. Suggest ask this in the Europe sub forum further down on the main forum page.

[ALKB]

2) I plan to apply for Job seeker visa (Germany/Netherlands) so that I can seek for employment there and my partner can visit me easier or join me once she finishes her studying. Is this a feasible option for us?

If you meet the requirements for German jobseeker visa and you still have valid leave in the UK you can apply from the UK. Do you already have an appointment with the German Embassy to submit your application? If not, you might have left it too late!

A few things to take into account:

A German jobseeker visa allows you to search for qualified employment for up to 6 months. It does not allow you to work while job searching and conversion of your visa to a residence permit will be subject to finding an employer willing to sponsor you and will be subject to approval by the alien department.

To get the visa in the first place you will have to show adequate finances for the duration of your stay in Germany, health insurance and accommodation.

If you do get a residence/work permit, there are some other things to consider.

Germany does not have an unmarried partner visa at all.

If you do not qualify for BlueCard, and are not yet married (= you marry after residence permit is applied for), you will have to wait for two years, before your wife can join you in Germany unless she qualifies for a visa in her own right. She will also have to show German language skills. Also, she will not get work rights for up to 3 years, again, unless she finds a sponsor and gets her own residence/work permit.

If you do qualify for BlueCard, the two year waiting period and language requirement do not apply to your wife and she would immediately get access to the job market.

[kelinh]

@ CR001 & ALKB, thank you very much for your detailed info. It is really helpful.

Do you know if Marriage visitor visa or Tier 4 dependent visa can be applied in country other than home country? Thanks!

Since ALKB has given me info on Germany visa here. I hope to continue the post here.

I have made appointment with Germany Embassy on 6 Dec for job seekers visa. My partner has another year to complete study in the Uk. By then I guess, we have settled down or my partner can obtain work permit by herself.

[CR001]

Do you know if Marriage visitor visa or Tier 4 dependent visa can be applied in country other than home country? Thanks!

Marriage visit visa can only be applied from home country. It is only a visitor visa to get married and then you have to leave again. You cannot switch to any other category if you are in the UK on a marriage visitor visa.

Tier 4 Dependent, possible to apply within the UK I think. Suggest read the .gov website and Tier 4 dependent guidance notes.