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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6461
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an international student and here in the UK on a student

Resolved Question:

I am an international student and here in the UK on a student visa.
I have just graduated in Interor Design and looking for part time jobs at present.

I am in a long term relationship and wishing to marry my partner who is British Citizen.
I hold a Kenyan passport and here on a student visa (Tier 4).
My current visa is due to expire this October.

I would like to know my options other than marriage which is inevitable of how to extend my student visa or apply for a work visa perhaps?

Please kindly guide and advice.
Thank you.

Angel
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

I've got meetings at the moment so my contact with you may be a bit fragmented.

Are you intending to undertaken another course and obtain a CAS letter?

How long have you been living your UK citizen partner?

Tom
Customer: replied 2 years ago.
Hello Tom,

I do not wish to undertake another course and need options of how to extend my current student visa.


I have know my partner for 3 years now but do not live with him.

I have my own place.


Your feedback is important to me.


Thank you.
Expert:  Thomas replied 2 years ago.
Hi,

Are you looking for jobs that will sponsor you for a sponsored skilled worker visa then?

Do you have any UK ancestry?

Tom
Customer: replied 2 years ago.
Interior Designing is a specialised skill which falls under a different category away from the service industry so yes I am looking for jobs that will sponsor me on a skilled worker visa.

My mother who sadly passed away in 1984 held a british passport and most of her immediate family are here in the UK.

My father holds a Kenya passport this a kenya nationality.


Could there be a possibility I can use my mothers name to benefit my visa application?
Expert:  Thomas replied 2 years ago.
Hi,

How did your mother acquire UK citizenship?

When and where were you born?

Tom
Customer: replied 2 years ago.
She acquired citizenship through her parents who moved to the UK in the 70's.
She got married and settled down in Kenya.


I was born in 1972 and brought up in Kenya making me a kenyan

citizen by birth.


Pls advise further.

thanks
Expert:  Thomas replied 2 years ago.
Hi,

Where was your mother born?

Did you mother get UK nationality because she was resident in the UK for a period of time?

You were born in Kenya, correct?

Tom
Customer: replied 2 years ago.
My mother was born in Kenya and her parents migrated to the UK in the 70's and acquired rights to stay in the UK as my grandfather worked for the railways in the early 60's and 70's.
She has British rights through her parents and was a British overseas citizen at that time before she passed away.


I was born in Kenya.


Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply.

Ok. From what you are saying I do not thing that you are eligible to apply for UK citizenship.

If you do not wish to marry your partner immediately then you should persist in attempting to find a Tier 2 Sponsor Employer so that you can attempt to switch to a tier 2 visa before your current visa expires.

There is no longer a post-study work visa category in to which you can apply and you cannot extend your student visa if you do not intend to study further in the UK.

If you cannot find a tier 2 sponsor employer willing to offer you a job and sponsor you then your only option is to marry your spouse and switch into a spouse visa.
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• The UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.
Please note the salary threshold which has come in on 9th June. No one knows how it is going to develop because it is very controversial. You will have to keep an eye on it.

If this is the only option you should see a solicitor for a consultation before you marry to check your eligibility to apply.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks for your honest opinion and advice.

You have been most helpul!


Thank you.
Expert:  Thomas replied 2 years ago.
Thank you.

Please remember to rate my answer.

Tom

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