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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 32824
Experience:  Award winning lawyer with over 15 years experience
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I'm looking for a counselor to provide legal assistance for my sons fiancee whom are both US citizens currently in the UK. I'm not sure what she needs; a Fiancee Visa or Extended Tourist Visa.
Here is the situation: My son is on a student visa in the UK attending The University of Arts, London. He started in Sept 2015. His school secession is 10 weeks a quarter (Sept-Nov, Jan-Mar, Apr-Jun). Thus they both come home to the US after each school session of 10 weeks for 1 month each for Christmas & Easter break and 3 months summer break. So they are never in the UK more than 10 weeks straight before leaving the UK and returning to the US. She has no Visa as she didn't believe she needed one since she never stays in the UK for more than 10 weeks before returning to the US. However, she was held up at immigration on her recent return to the UK a few days ago with my son. Additionally she planned to stay with my son until the schools session ends in Jun but immigration told her she could only stay one month. So we need to get her an extension to stay in the UK until Jun and some kind of Visa to be able to stay in London for at least 10 weeks continuous , three times a year returning to the US after each session of her fiancee school. My son will finish university in London in 2 yrs.
Can this be done? Can you make it happen? And what is the cost?
Thank you for your prompt attention to this matter.
Rick Carone
Submitted: 6 months ago.
Category: UK Immigration Law
Expert:  Thomas Judge replied 6 months ago.
Let me see if I can help and please rate positive.International students from outside the UK or EU must apply for a student visa. She can only apply for a student visa if you intend to study a full-time degree course in the UK. Student visas are not issued for part-time courses. Her eligibility is calculated using a points-based rules system called a Tier 4 Student Visa. She needs 40 points to apply for a student visa. This is achieved by:1. Course confirmation: you must receive a Confirmation of Acceptance of Studies (CAS) from a university approved by UK Visa and Immigration (UKVI). All universities must have been given or applied for Highly Trusted Status (HTS) on the UKVI Tier 4 Sponsor List (30 points). 'A rated' colleges can also issue CAS numbers. The 'A' rating is a transitional rating for 12 months and all 'A rated' colleges must apply for HTS status within this 12 month transition period. 2. Funding: you must provide evidence of funding to pay for both your course fees and monthly living list (10 points).Tuition fees are on average £12,000 per year but can range from £8,000 to £36,000. You will also need to show that you have £1,265 for each month of your studies (up to a maximum of nine months) to pay for living costs if you study in inner London. Therefore, if you will be studying in inner London for a course lasting nine months or more, the maximum amount that you will need is £11,385.This applies to all students looking to study in London. You will be considered to be studying ‘in London’ if you are studying at the University of London, or at institutions wholly or partly within London, or in areas on the border of London such as parts of Essex, Hertfordshire and Surrey. If you are not sure if your institution is considered to be ‘in London’ you should check with your university before you make your Tier 4 application.Visit the UK Visa and Immigration website to check the full eligibility criteria for a UK study visa. 3. Visa Application: In order to submit your Tier 4 student visa application, please visit the UK Visa and Immigration website UK Visa and Immigration website to complete the online application form. International students from all countries (apart from North Korea) have to submit the visa application online. You will also need to have your fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of the application.4. Immigration Health Service Charge: All nationals from outside of Europe coming to live in the UK for longer than six months are required to pay a ‘health surcharge’ in order to gain access to the UK’s National Health Service (NHS). The health surcharge is £150 per year (or £75 for 6 months or less) for students and is payable when you submit your visa application on-line. Visa applicants need to pay up-front for the total period of their UK visa..If you are applying from outside the UK, the cost of the visa is £322 (plus the Immigration Health Service Charge).If you are already in the UK, you can apply by post for £439 (plus the Immigration Health Service Charge) or in person for £839 (plus the Immigration Health Service Charge). I hope that this helps. Please rate positive. Thanks

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