Could Tier 1 Visa (Post Study Visa) Apply For The Uk Settlement Visa (As In Unmarried Condition)?

[bc8286]

Hi,

I am Thai, currently living with my boyfriend in the UK by holding the Tier 1 visa (Post Study Visa). My visa will be expired in April 2013. Me and my boyfriend are decided that I should extend my visa as the UK settlement visa under an "unmarried" condition. We would like to prepare all documents for applying those visa, anyhow we have no idea about it. Could anyone please tell us what we should do?

Thank you very much indeed.

[7by7]

As your current leave to enter the UK is valid for more than 6 months you can apply to convert to settlement without having to leave the UK.

However, to qualify as unmarried partners you and your boyfriend must have been living together in a relationship akin to marriage for at least 2 years. Have you been?

Most of your questions should be answered by Can you apply? and Applying from inside the UK. So have a read of them, and any relevant links from those pages, then feel free to ask if you have any more questions.

[bc8286]

Thank you very much indeed for your reply and further information.

Me and my boyfriend have known each other since 2009 and decided to live together (in the same flat) in mid-June 2011. And we both plan to stay together permanently.

According to my mentioned in earlier message, my visa would be expired in mid-April 2013. I have plan to apply the FLR(M) visa in beginning of October 2012. I am worrying by that time I have no much officially evidences to prove that me and my boyfriend have been living together at least 2 years. Because all of our officially documents have been starting in mid-June 2011. We have got loads of photographs and cards as another support evidences anyhow I'm not sure that they are strong evidences. I'm worrying my case would not be acceptation in the FLR(M) rules. Do you have any suggestion?

Another concerned is the maintenance (funds), we can afford our cost living in here without asking money from the UK government. Anyhow, some of our account has a minus balance in some month for some reason (however we paid it all once we've got our wages). Do you think it would be effect through a consideration of my visa?

Last but not least, do me and my boyfriend have to engage before process the FLR(M) visa?

[7by7]

You will have difficulty in showing that you have been living together for two years for one simple reason; you wont have been. June 2011 to April 2013 is less than two years.

There is no way around this, I'm afraid; unless the two of you are prepared to marry and you then apply as his spouse.

If a bank account regularly goes overdrawn this should not be a problem, provided the bank is happy with this. A letter from you bank confirming this wont hurt.

[7by7]

Last but not least, do me and my boyfriend have to engage before process the FLR(M) visa?

Sorry, replied in a hurry this morning and missed this bit.

Engaged or not wont make any difference. To apply for leave to remain as his partner you either must have been living together for at least 2 years, which you wont have been, or married.

[bc8286]

Hi 7 by 7 , this is "PINGIT" here , do you remember me from a few years back? My fiancé and I had a leave to remain refused and then over a lot of advice from this forum and yourself we managed to get it turned around ? Well I am a friend of BC8286 , and she just asked me to read what you have advised her. The way I'm take it, is that you are saying that they have to actually have evidence of living together for 2 years, and NOT just evidence of being a couple for at least 2 years? They have been a couple for at least 3 years but have only lived together for almost 1 year. Is this because she is actually in the UK while applying that it is "living" together and not " a couple" for that 2 years? Just because in my case we were applying for an un-married settlement visa, and we had to show we had just been a couple for at least 2 years. Another thing is confusing me in fact. It is that I always thought that you couldn't change your visa status, even through marriage, without going back to your own country and applying from there? Has this changed or something? Anyhow thanks again for the help you gave me before and all here for us is going great. My fiancé got a good job in her field very soon after coming here, and ours son is now 4... Thanks for any help you can give to my friend also ... Take care ! Jay

[7by7]

Hi, Pingit, glad to hear from you and that all is well with you.

Whether someone can change their visa status whilst in the UK depends on the type of visa they hold.

Basically, if it is any type of visit visa, then they cannot change and must return to their own country and apply for the relevent visa. If it is any other type of visa which is valid for more than 6 months, then they can switch to another category in the UK. For the full details, see the link above.

As I said before, the rule for unmarried couples is not that they have known each other for at least two years, but that they have been living together as if they were married for at least two years. There is no way round this that I am aware of.

So, as said, bc826 and her boyfriend wont have been living together for at least 2 years when her current leave to remain expires, so they wont qualify as unmarried partners. The only way she will be able to apply to remain as his partner is if they marry.

Do not be tempted to think that it is only a couple of months, so I'll let my visa expire in April and then apply in June; you must have a valid visa when you apply, you will not be allowed to switch if your current leave has expired..

[bc8286]

Hi, 7by7

Thank you for your answer. Basically, we're living together since 2009 (but not officially). Anyhow, in May 2010, we were both sign as witness for our friend's marriage certificate. On that paper, it identified that we're living in the same address. Could I use these document to prove for our started unmarried life? Could you please identify documents which could be use for proving our unmarried life?

I was wondering, is any chance to extend my Tier 1 (post study work visa) visa for couple of months in order to complete our unmarried officially documents, could I?

I heard that from now on we no need to use the certificate of approval (COA) from the UKBA for getting marry in the UK anymore, please see link below;

http://www.ukba.home...olition-of-coa#

Could you please confirm, if it is correct?

Thank you

Edited April 18, 2012 by bc8286

[7by7]

You have to be able to show that you have been living together in a relationship akin to marriage for at least two years prior to applying. If you have documents showing that you were doing so from May 2010, fine you can apply in June this year. But one document wont be enough, I feel. Do you have letters, utility bills such as mobile phone and electricity, bank statements etc. addressed to each of you at the same address dating back to then? Addressed to you jointly would be even better.

But you are being inconsistent!

In your second post (post 3) you said that you started to live together in June 2011, now you are saying May 2010, or even earlier! Such inconsistencies may not seem important here, but in any LTR application you may make they will be disastrous! What address did you put on your Tier 1 application, which must have been no earlier than March/April 2011? You can't now say you were living somewhere else at that time!

From Conditions of your stay

If you successfully apply for a visa or to switch into Tier 1 (Post-study work), you can come here for a maximum period of 2 years. You cannot apply to extend your stay at the end of this period. You are expected to switch into another part of the points-based system as soon as you are able to do so.

You are correct, CoAs have been abolished. Not that you would have needed one as they only applied to those whose leave to enter or remain was valid for 6 months or less and yours is 2 years.

[bc8286]

Hi 7by7,

Thank you for your reply. I am apologized that I may not clear regards my information which it could make you confused. I have been living here since 2009 for studying (Tier 4 visa) a master degree. I completed my master degree in 2010 then I have got my Tier 4 (PSW visa) in April 2011.

I first met my boyfriend since 2009 until recently. During 2009-2010, I officially lived with my flatmate. However, my boyfriend unofficially live with us as well. Unfortunately, there are not officially documents to prove that we lived together by that time. We've got just only a marriage certificate of our friend which could be identify our same address. According to your recommended, only one document can not enough to prove our relationship, and there is no way round these. Therefore me and my boyfriend has been discuss regards this issue. And we decided to get marry in here then I can apply a settlement visa as his spouse.

Could you please advice us what kind of documents which we should prepare for a spouse visa? Could I still use FLR(M) application form for applying as well? Another concern is, if we are marriage, could I still use Miss and keep my surname? Do there effect on my spouse visa process?

Last but not least, when should I apply for these visa? Before my visa expired within 2 months? or anytime before my visa run out? I have heard that if I apply any kinds of visa before my visa run out more that 2 months. Unfortunately, my case is refused therefore I cannot appeal it in the UK. I have to go back home suddenly. In the other hand, if I apply it within 2 months before my visa expired therefore I can appeal it if my case is refused. Please confirm is it truth?

Thank you very much indeed.

[bc8286]

Hi 7by7,

Thank you for your reply. I am apologized that I may not clear regards my information which it could make you confused. I have been living here since 2009 for studying (Tier 4 visa) a master degree. I completed my master degree in 2010 then I have got my Tier 4 (PSW visa) in April 2011.

I meant "Tier 1 (PSW visa)", I am apologized for the mistake.

[7by7]

You would apply using form FLR(M) and, as I understand it, can do so immediately after the marriage has taken place (see here). The requirements are essentially the same as for unmarried partners, except instead of showing that you have been living together for two years you need to show that you are married. FLR is valid for 2 years and at the end of that you can apply for Indefinite Leave to Remain.

But I cannot stress this enough: do not marry him simply to stay in the UK, marry him because you love each other and intend to spend the rest of your lives together!

Alternatively, you can switch to some other employment related part of the PBS system, assuming you qualify, indeed the guidance I linked to before says that you are expected to do so before your Tier 1 (PSW) visa expires, but I'm afraid we've reached the limit of my knowledge of the PBS; maybe someone else here can advise.

There is no requirement under UK law for a woman to take the title 'Mrs.' or her husband's surname on marriage.

[bc8286]

Hi 7by7,

Thank you for your quick response and also helpful information.

Yes, we decided to get marry because we love each other. Actually, we'd plan to get marry in the next couple of years due to we thought that we are not ready for it yet. Therefore, we're looking for another option such like unmarried visa. Anyhow, this visa issue just push us to get marry quicker rather than we've thought. Of course, it's not just only because I need a visa for living here!! It's because we would like to spend our life together

For the employment optional, I am afraid that I'm not qualify for it. Because currently I've got just a part-time job and the job is not qualify through my master degree. So I think, it maybe not a good idea for me to process visa within these category.

Anyhow, I've read through a guideline as well as an application form of FLR (M), I have found something interesting regards to unmarried case (please see detail in enclosed file). On the application form, section 11, Note 8, it say;

"Note 8 The items of correspondence should be addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.

Examples of acceptable items are listed below. The documents provided must be originals. Photocopies are not acceptable. The dates of the items of correspondence should spread over the whole 2 years. They should be from at least 3 different sources.

Please give an explanation on a separate sheet if you cannot provide 6 items; if the items are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this. If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence."

According to the red highlight above, it seems I maybe have a chance to apply for unmarried visa. As I told you earlier, we've been unofficially live in the same flat (with my flatmate as well) since 2009 then move to live together in the same flat in July 2011. I can ask either my landlord or flatmate to write a letter in order to confirm the relationship between me and my boyfriend. What do you think?

I am apologize that I come back to this point again, because I am just curiosity with the article (as above) and try to figure out a room for me to go properly.

Thank you

[7by7]

If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence."

In my opinion, this means that you started living together at least two years ago, but have lived apart at some time during the last two years, e.g. one of you having to travel away for work for a time: not that you actually started living together less than two years ago.

However, the choice is yours, marry and apply as a spouse or apply as an unmarried partner. But remember that if you apply as an unmarried partner and are refused you will not get the £561 (£867 if applying in person) fee back!

[bc8286]

Hi 7by7,

Thank you for your clarification, I might misunderstanding about those message. May I just ask further question, recently we're planing to get marry in February 2013. Then I'm planing to apply visa around beginning of March 2013, do you think this would effect to my application? Due to I've just got marry then apply visa right away?!? I'm apologized, it maybe a silly question. Anyhow, we would like to make sure that what we have done it in a correct option.

Thank you

[7by7]

As long as the marriage has taken place and you have submitted your FLR application before your current leave to remain expires then this will not be a problem. Your current leave to remain will automatically be extended until the decision on your FLR application has been made.

[bc8286]

Hi 7by7,

Thank you for your answer. I hope the UKBA would not change any rules regards on these type of visa until next year. I'll keep my eyes on it!! Anyhow, if you have got any news please kindly update me.

Last but not least, could I follow Rob's guide for preparing a document?

Regards,

bbcc8286

[7by7]

You could, but remember that as you are already in the UK, and have been for some time, much of Rob's guide will not be needed by you.

Section 11 of form FLR(M) says what type of documents are required, though not all will be relevant to you.

[bc8286]

Hi 7by7,

Thank you for your information. I'll take a look following your suggestion.

Regards,

[bc8286]

Hi 7by7,

I hope you are doing well. Now me and my boyfriend are in Thailand for a holiday. We've been discuss about our marriage to my parent. And everything is going well, now we're got engagement (in Thai style) so far We're planing to marry in the UK around either end of January or mid-February. Now we're preparing the documents for marrying and need some suggestion from you.

According to my research, now we no need to use CoAs certificate. Anyhow, I have to prepare some documents as below. Please kindly correct me if I'm wrong or kindly recommend what kind of documents that I've missed;

1. Birth certificates (me and my boyfriend)

2. A Single document (me only) for proving that I'm single (Do my boyfriend need this?)

Does it would be ok, if my friend will translate those two documents in English? Or do I have to send them to the legal translator?

Last but not least I've found some information http://www.ukba.home...rtnerofcitizen/

It saids;

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

1. have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
   
2. have been present in the United Kingdom three years before the date of your application; and
   
3. have not spent more than 270 days outside the United Kingdom during the three-year period; and
   
4. have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
   
5. have not been in breach of the immigration rules at any stage during the three-year period.
   

***In this case, I were enter into the UK since 18 January 2009, therefore my FLR (M) application (and also the date for marriage) would be make by 18 January 2012 afterwards? Please advice any concerns should I be aware.

Regards,

[7by7]

The residential requirements you quote are those for an application for British citizenship if the spouse of a British citizen; they do not apply for an FLR or ILR application.

There have been major changes in the family migration rules which came into effect on 9th July.

The main one which may effect you is a minimum income requirement of £18600 p.a.

Though to be frank, I am not sure if this applies to someone converting a student visa into settlement.

Anyone?

[7by7]

Having looked through the new versions of Applying from inside the UK and Can you apply? I think that you and your boyfriend will have to meet the new financial requirements.

Sorry, but I missed your questions on registering your marriage in the UK. Details of what you need can be found at Marriage and civil partnership: your legal obligations.

Any documents in Thai should be accompanied by an English translation certified as correct by the person who translated it; giving contact details of that person. I am not sure if a friend doing it would be acceptable, but would recommend an official translation bureau anyway as, apart from any other factors, they will have experience in doing this and so are less likely to make a mistake.

[bc8286]

The residential requirements you quote are those for an application for British citizenship if the spouse of a British citizen; they do not apply for an FLR or ILR application.

There have been major changes in the family migration rules which came into effect on 9th July.

The main one which may effect you is a minimum income requirement of £18600 p.a.

Though to be frank, I am not sure if this applies to someone converting a student visa into settlement.

Anyone?

Thank you for updating the new information. I've go through it... Yes it's a lot of changes which make me worried now.

Therefore information in the website does not clear enough, I have some enquiries regards to the minimum income requirement of £18,600 p.a. (Before TAX?) Could it mean both of us have to earn those minimum income (p.a.) or it means only me (who's applying the application) has to reach through those requirement? I'm worried to this point due to currently, I'm working as just a part-time job and I do not earn that much money. I've not seen anyone who converting their PSW visa to the settlement with the new rules because it's quite new at the moment. Anyhow, one of my friend did these in Jan 2012, there're no rules about the financial funds and her application was successful. Hopefully, the home office may accept my circumstance.

I've got some money in a saving account both in the UK and Thailand. Do you think I can use my Thailand funds statement to be the evidences for applying visa? And do you think how much money that I should have in my saving account?

Thank you and take care

Edited August 1, 2012 by bc8286

[7by7]

Your friend would have come under the old rules; so is no indication of whether an application under the new rules would succeed or not.

The income requirement is gross, that is before tax, and both your and your partner's income count toward it.

Savings can also be used to reduce the amount of income required; but I'm not sure if savings in Thailand can be used or just those in the UK.

[bc8286]

Hi 7by7,

How are you? I hope you are doing well.

May I ask your advice regards to my marriage visa issue. I had plan to apply a marriage visa by mid-February 2013 which is my PSW visa still valid until 18th April. In case, if the home office is refused my application (touch wood ), could I still stay in the UK (with my PSW visa) and also can appeal my case?

Due to I have been told from some of my friend that I cannot appeal the case in the UK if I had apply to switch (any) visa before my currently visa finish within 6 months, is that true?

[7by7]

To be honest; I'm not sure.

I think that you could appeal and that you could remain in the UK until the appeal is heard; but I am not 100% sure.

[bc8286]

Hi 7by7,

Hope you had a great X'mas and a happy New Year. I've checked the new rule which launched on 12 September 2012 regarding to apply for "Partner of A British Citizen or settled person visa. I'm a bit confused with these new rule regarding can I still apply for "Partner of A British Citizen or settled person visa while I'm holding Tier 1 (general) visa? Please see details follow this link :

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/73-family-private

Secondly, they are some queries regarding to document required, please follow the link as reference;

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/

Now me and my husband is married. So do we need to prove the evidence that we were both free to marry? Could we show only our marriage certificate?

According to the rules, we need to show evidence that we have met. Could you please suggest what kind of documents which the ukba required? Photographs? The evidence which we're living together? Joint bank account? Or letter from friends and families?

For the financial documents, could my husband and I provide 3 months of our payslips? And also provide a bank statement for the last 3 months until the day which we applying the visa?

Last but not least, could you please recommend the translation company in order to translate my birth certificate?

Kind regards,

[7by7]

Sorry I've not replied, I'm not ignoring you!

To find out an answer for you under the new rules is going to take a bit of research; which I don't have time for at the moment.

I may be able to do so at the week-end.

Meanwhile, hopefully someone who does already know will see this and answer.

[7by7]

Ok, as I understand it, you cannot extend your Tier 1 visa on the basis of having a British or UK resident partner, but now that you are married you can, as it were, switch to the 5 year family route using Form FLR(M).

The documents that you need to supply are listed on the form; note that not all will apply to you so read it carefully.

You only need evidence that you were free to marry if you were married before; ditto your partner. Even then, as you married in the UK I don't think that you need it; check the form.

As you married in the UK then you do not need evidence that you have met; you would not have been able to marry in the UK without you both being there.

See Annex FM Section FM 1.7 for how you can meet the financial requirement and the documents required to show that you have done so.

Sorry, I don't know any translators in the UK.