Student Visa -> Marriage -> New Visa - Uk

[makescents]

My girlfriend is currently studying in the UK on a student visa which expires in Jan 2014, after which I'm hoping we can stay together permanently in the UK by moving to a spouse visa.

We don't qualify for the unmarried partner visa since we haven't lived together for the past 2 years and I don't think we apply for FLR because she is on a 'time limited' visa.

She is returning home next month though so it gives us the opportunity to gather any documents we need to get married in the UK (which I am assuming we have to do) and apply for a spouse visa.

I understand there is also a fiancé visa but it doesn't make sense to apply for this since you have to payout again in 6 months time for the spouse visa.

Questions:

1) What documents do we need and where can they be obtained? I.E. Evidence that she is not currently married?

2) Are there any other visas we should consider?

Thanks,

MC

[7by7]

If her current visa or leave to remain was originally valid for more than 6 months then she can, once you are married, apply to remain in the UK as your spouse.See here.

Although not mentioned in great detail on that page, as I understand it the changes to the rules for family members which came into effect last July will apply; which means that you will need to show an income of at least £18, 600 p.a. If you earn less than this you can use cash savings above £16,000 to reduce the income requirement until savings of £62,500 or more reduces it to zero.

See Appendix FM-SE - Family members - specified evidence and Annex FM Section FM 1.7 Financial Requirement

If you marry in the UK there is no specific documentation required, but both you and she will have to make a declaration that you are free to marry. Your local registry office can advise you further.

If her current visa or leave to remain was originally valid for 6 months or less then she cannot apply for settlement in the UK; she will have to return to her home country and apply there.

Edited April 6, 2013 by 7by7

[makescents]

If her current visa or leave to remain was originally valid for more than 6 months then she can, once you are married, apply to remain in the UK as your spouse.See here.

Although not mentioned in great detail on that page, as I understand it the changes to the rules for family members which came into effect last July will apply; which means that you will need to show an income of at least £18, 600 p.a. If you earn less than this you can use cash savings above £16,000 to reduce the income requirement until savings of £62,500 or more reduces it to zero.

See Appendix FM-SE - Family members - specified evidence and Annex FM Section FM 1.7 Financial Requirement

If you marry in the UK there is no specific documentation required, but both you and she will have to make a declaration that you are free to marry. Your local registry office can advise you further.

If her current visa or leave to remain was originally valid for 6 months or less then she cannot apply for settlement in the UK; she will have to return to her home country and apply there.

Great. Her original visa was 18 months so it looks like she won't need to return home.

I earn more that 18k, I assume payslips and a letter from my employer will be enough evidence?

Thanks 7by7,

MC

[7by7]

See link in my previous post for the evidence required specific to your circumstances.

You must provide everything they ask for or the application may be refused!