Tier 4 to spouse visa

[brig1993]

I currently live with my US girlfriend. She has been in the UK since September 2017 on a tier 4 visa. Her visa runs until Jan 2019.

I want her to stay in the UK but neither of us wish to get married at this stage, I wondered whether there was a way to enter into a cohabitation type arrangement (e.g. civil partnership or registered cohabitation) in a third party country which is recognised in the UK for immigration purposes but is not the same as marriage at the very least in name only.

Final question, how strictly is the cohabitation 2year rule applied? We have been together for longer than this period and have frequent visits. She has also previously been in the UK on a 4month student visa.

Thanks in advance.

[secret.simon]

how strictly is the cohabitation 2year rule applied?

Fairly strictly. The visa is not a boyfriend/girlfriend visa. It is for people who are living together in a relationship akin to marriage. So, apart from cohabitation, joint bank statements, tax statements, etc are expected.

To the best of my knowledge, there is no registered partnership equivalent for marriage for opposite-sex couples. For instance, a French PACS is recognised as the equivalent of a civil partnership for same-sex couples, but not for opposite-sex couples. For opposite-sex couples, it is either a marriage or a relationship akin to marriage with two years cohabitation, etc.

As an aside, do you meet the salary requirements of at least £18,600 per annum?

[brig1993]

Thanks.

The gov website guidance says "you’re in a civil partnership or marriage that’s recognised in the UK"

The whole recognised in U.K. aspect means that foreign relationships will be recognised e.g. French PACS which opposite sex couple may enter into. I would imagine it's the same for registered cohabitation in other countries... but would be intrigued if any has done this.

[CR001]

Thanks.

The gov website guidance says "you’re in a civil partnership or marriage that’s recognised in the UK"

The whole recognised in U.K. aspect means that foreign relationships will be recognised e.g. French PACS which opposite sex couple may enter into. I would imagine it's the same for registered cohabitation in other countries... but would be intrigued if any has done this.

A civil parntership is a same sex marriage.

Foreign relationships will be recognised IF you have 2 year proof of cohabitation. Not sure what you mean by 'registered cohabitation'. There is no 'formal' process in many countries simply to live together as far as I am aware.

You need rock solid evidence of a minimum of 2 years cohabitation evidence as secret.simon has stated. There is no discretion by HO on this mandatory requirement.

[Casa]

A French PACS is only recognised under British law (and therefore under the Immigration Rules) if the couple are of the same sex.

I think you may be clutching at straws here.