Is your girlfriend eligible for a student visa and does she genuinely wish to be a student?
The danger is that if she applies for student visa and gets rejected and then applies for a visa straight away on the basis of your marriage then the UKBA may be suspicious of the marriage coming so soon after.
She would need a sponsor in the form of an education provider offering a place to her for her studies. There are also tight criteria on the amount of funds she must have in her account to show that she can support herself when she is here.
I can refer you to the eligibility criteria if you wish, but if the ultimate aim is that she is to reside here permanently and you intend to marry then an application based on your marriage is more appropriate.
There are two ways of doing this:-
1. She makes an application for a fiance visa to the UK embassy in Albania. This will give here a visa to come to the UK for the purpose of getting married and would be valid for 6 months. Once married she would have to make a further application for a spouses visa (ie. for two years - after this period she could apply for indefinite leave to remain). Two applications, two application fees.
2, You go to Albania and marry there. She then applies for a spouses visa (ie. two year visa again) straightaway. One application, one application fee. The difficulty is that if the application is rejected by the UKBA and you are not successful on appeal then you remain married but in different countries.
The criteria for a fiance visa is almost identical as for a spouses visa, save for that with a spouses visa you must prove marriage (ie. by marriage certificate). You would have to show:-
You will need to apply for settlement (ie. fiance visa) by using VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your fiance before submitting it. It would cost in the region of £750-1000+vat for a solicitor to prepare it for you. You could spend twice that (at least) to get a solicitor to act on your behalf in your appeal if the application is rejected because of evidential defects.
You can find immigration solicitors in your area by using the following:-
She will also have to pass the english language test to show that she has a basic command of english listening and spoken language. Everyday expressions and basic phrases and she will have to contact the Embassy before submitting to find out about approved test providers in Albania.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).