Changing Visa Type When Still In Uk

[Stanaris]

I am looking for some advice for a friend.

She recently obtained a student visa after failing to get a visitor and work visa. Boyfriend was sponsor on each occasion but rejected due to insufficient information>

Her boyfriend has now decided that they should get married in November or December and apply for a Spouse Visa before her exisitng visa expires. Is this possible?

In my opinion and from what I have read, she would have to return to Thailand

[VisasPlus]

Did she obtain a short term student visa or a long term student visa ? That is, was the visa for six months or for longer than six months ?

[7by7]

Work permits are sponsored by an employer and student visas by a recognised educational establishment, so I'd be very interested to know how her boyfriend managed to sponsor her for a work permit and when that failed for a student visa!

The question VisaPlus has asked is very important. It is not possible to apply for settlement in the UK if one has entered with a visa valid for 6 months or less (unless it's a fiance visa, obviously) and so she will have to return home and apply for settlement there.

If her student visa is valid for more than 6 months then it is possible for her to make an in UK application.

See What documents do I need to get married or register a civil partnership? However, the Certificate of Approval is set to be abolished, but no firm date has yet been set; see Changes to the certificate of approval scheme. If your friends marry before the CoA is abolished, they will need to obtain one.

Assuming that her current leave is valid for more than 6 months, see Application for an extension of stay as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident. If granted, this would give her two years in the UK, after which she may apply for Indefinite Leave to Remain; see Settling in the UK and relevant links from that page.

[Stanaris]

He tried to get a work visa claiming she was going to work for his company. When that failed they then decided to try for a student visa which she now has,

The student visa is for 6 months only but he believes that they can just get married and apply for a spouse visa without any problems.

Work permits are sponsored by an employer and student visas by a recognised educational establishment, so I'd be very interested to know how her boyfriend managed to sponsor her for a work permit and when that failed for a student visa!

The question VisaPlus has asked is very important. It is not possible to apply for settlement in the UK if one has entered with a visa valid for 6 months or less (unless it's a fiance visa, obviously) and so she will have to return home and apply for settlement there.

If her student visa is valid for more than 6 months then it is possible for her to make an in UK application.

See What documents do I need to get married or register a civil partnership? However, the Certificate of Approval is set to be abolished, but no firm date has yet been set; see Changes to the certificate of approval scheme. If your friends marry before the CoA is abolished, they will need to obtain one.

Assuming that her current leave is valid for more than 6 months, see Application for an extension of stay as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident. If granted, this would give her two years in the UK, after which she may apply for Indefinite Leave to Remain; see Settling in the UK and relevant links from that page.

[7by7]

He tried to get a work visa claiming she was going to work for his company. When that failed they then decided to try for a student visa which she now has,

The student visa is for 6 months only but he believes that they can just get married and apply for a spouse visa without any problems.

As her visa is valid for 6 months or less, although they can get married in the UK she cannot then 'convert' her visa to settlement. She will have to return home and apply for settlement as a spouse there.

She may also need to answer some awkward questions on her application history!

[VisasPlus]

With respect to your friend and his girlfriend, I think she was very lucky to get the student visa after applying to go to the UK to work. 7 x 7 is correct that there may be some awkward questions to answer as the visa officer may now question whether the marriage is in fact a genuine marriage or a marriage undertaken merely to obtain entry to the UK.

[Stanaris]

Thank you both very much for your forthright answers.

What you both say is what I suspected and I hope to use your answers to convince her that she is making a mistake listening to her boyfriends advice.

I have suggested that she does not get married in the UK and that she returns to Thailand after she has completed her education. That in my opinion is showing good faith and adhering to her existing visa requirements. If they then want to apply for a fiance visa or get married in Thailand and apply for a spouse visa they will have more chance of success.

Once again thank you very much to visaplus and 7 by 7

[Mercury]

A 6 month visit visa, even if actually a student visa, is not much of an education and more akin to a summer language school course.

If I were looking at her proposed settlement visa, I would immediately think it was concocted to gain entry to the UK and my guess is that I'd be sending her a letter saying "No", given her history as commented upon above.

If their relationship is real and genuine and they really want to be married, then I'd wait a bit before applying, perhaps 6 to 12 months minimum.

[Stanaris]

A 6 month visit visa, even if actually a student visa, is not much of an education and more akin to a summer language school course.

If I were looking at her proposed settlement visa, I would immediately think it was concocted to gain entry to the UK and my guess is that I'd be sending her a letter saying "No", given her history as commented upon above.

If their relationship is real and genuine and they really want to be married, then I'd wait a bit before applying, perhaps 6 to 12 months minimum.

I tend to agree with what you are saying. The course was only part time and I am trying to advise her to return to Thailand and rebuild the relationship before applying again. I am not 100% sure her boyfriend is genuine about wanting to marry her or not but if he is, then it will stand the test of time.

Thank you for you advise

[Mercury]

She will have to return anyway as one part of the rules states that the original visa must have been issued for a period in excess of 6 months. As she only got a 6 month visa, everything else is a non starter until she returns to Thailand.