advice on visa options please

[cholle6]

Hi, I have spent a couple of hours reading this excellent forum and have found some information of help to my situation but hope someone could clarify.
My girlfriend is a Chinese national staying in the UK on a student visa which expires at the end of April. We have known each other for about 14 months now and lived together for about 7 of these months.
Given what I have read here the options on visas are as follows.

1. she returns home and applies for a fiance visa
2. she applies for an unmarried partner visa but as we have not known each other for 2 years it is likely to be rejected. Does a student visa count towards UMP status?
3. she could apply for another student visa?

Basically I am not wanting to go down the marriage route at this time and I think I am at the point others have got to which is that this seems the only option if we are to stay together.
By the way although she works on her student visa I could support her if necessary so a non working visa would be ok in the short term.

Any help would be appreciated

Many thanks

Colin

[John]

Colin, using your numbering :-

1. She could do that, assuming that there really is the intention to get married during the six-month period of validity of the fiancée visa. If there is no such intention then she should not apply for that sort of visa.
2. You have lived together only 7 months, well short of the minimum 2 years to possibly get an UPV.
3. She could .... assuming she is going to study! So this begs the question .... what is she going to study? Has her current course finished? Or been extended?

Basically I am not wanting to go down the marriage route at this time and I think I am at the point others have got to which is that this seems the only option if we are to stay together.

The immigration rules are indeed tilted towards marriage. So if the two of you do actually want to get married, then the fiancée visa is the way to go. If you are going to go down that route do make absolutely certain she leaves the UK before the end of her current student visa ... for two reasons. Firstly it would not look good is she overstayed, when she applies for the fiancée visa. Secondly, it could well be the case that the time in the UK on her student visa might end up counting towards her three-year period in getting naturalised as British. That is, as soon as she has her ILR at the end of the two-year spouse visa, that will follow the fiancée visa, she might be time qualified to apply for naturalisation as the spouse of a British Citizen.

[smalldog]

Colin, here are a few more options you may or may not have thought of.

1) Your girlfriend may qualify for a year's work permit under the Science and Engineering Graduate Scheme if she is studying a science/engineering course.

2) If your girlfriend is studying in Scotland, she may qualify for a two year work permit. Can't remember the name of the scheme.

3) Go back to China together! This is a serious suggestion. My wife is Chinese and I have spent over 4 years living in China. If there is the chance that you will marry a Chinese girl, there is no better preparation than immersing yourself in this very different culture.

[cholle6]

Thanks John and thanks Smalldog
My gf has just got her masters in Hospitality & Tourism so I guess thats a no go on the grduate scheme.
She was studying in Sheffield so again this is not a possibility about Scotland
Go back to China.... well yes this is an option and I have thought of but she prefers it here now (after 4 years) and I must admit that unless I get sacked or something I would probably be crazy to give up my job.
After the bust up we had today over this it looks like she will be heading back to China soon. I dont want this but neither am I going to be pushed down the marriage route if this isnt what I believe is right.
Thanks to you both for your replies.

Colin

[John]

My gf has just got her masters in Hospitality & Tourism

My wife is studying for that at the moment, here in Birmingham.

After the bust up we had today over this it looks like she will be heading back to China soon.

Is she a member of this Board? Is she failing to understand some point about UK immigration law?

[cholle6]

Hi John
No she is not a member of the board. Her preference is the marriage route, largely because of the Chinese culture issues, ie living together but not married.

On the basis that there doesnt appear to be any other options on extending her stay (from what I understand from reading here) then she will be returning to China sometime soon. I guess it is then down to me if I want to go down the marriage route and she then applies for the fiance visa over there.

[Chess]

Hi John
No she is not a member of the board. Her preference is the marriage route, largely because of the Chinese culture issues, ie living together but not married.

On the basis that there doesnt appear to be any other options on extending her stay (from what I understand from reading here) then she will be returning to China sometime soon. I guess it is then down to me if I want to go down the marriage route and she then applies for the fiance visa over there.

Cholle,

whats the point of 'co-habiting' ? - if you really love her then get married and both of your lives will be hopefully sorted out..

FYI, the rate of divorce between UK nationals and foreigners is far much lower than between purely British couples!