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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6374
Experience:  BA (Hons), PgDip, Practising Solicitor
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my girlfriend is argentine and can only stay with me in the

Resolved Question:

my girlfriend is argentine and can only stay with me in the u.k for 5 months , what can i do to extend her stay ,
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Is your girlfriend in the UK now on a visitor's visa?

Do you plan to marry at some point in the near future?

Kind regards,

Tom
Customer: replied 2 years ago.
hi vistor yes but ,does not need visa , we maybe getting married but not just yet , regards steve
Expert:  Thomas replied 2 years ago.
Hi Steve,

Thanks for your reply.

I’m afraid the UKBA are very strict in this area. The only possible way for a visitor to extend their stay is if there are compelling health reasons verified by a doctor confirming that they are unfit to travel. If she attempts to extend her stay and/or becomes an overstayer then this could have serious consequence (ie. refusal) for future visa applications.

She will have to return home before her visa expires.

If the intent is that she is to permanently settle here with you and you have not lived together then the only option to apply based upon your relationship is if you are married or intend to be married once she arrives in the UK unfortunately.

Were she to apply on this basis then she could after two years apply for indefinite leave to remain and one year after that apply to naturalise as a UK citizen herself.

If you require guidance eon the eligibility criteria and basic supporting document guidance please submit a further question to the board requesting me via my profile and marking your question “FAO Tom”.

I have for the purpose of this question assumed you are a UK citizen or foreign national holding indefinite leave to remain yourself.

I am sorry I could not have better news for you, but the rules are very strictly enforced in this area because of the "hot potatoe" nature of overstayers in the UK and immigration issues generally.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom

Customer: replied 2 years ago.
hi tom, she is already here and living with me , if she wants to settle with me , do we have to marry or may we just live together , regards steve
Expert:  Thomas replied 2 years ago.
HI Steve,

If she is here on a visitor's visa then although it is physically possible for you to marry whilst she is here I would not advise doing so. If she intended to marry you whilst visiting then she should have applied for a Marriage Visitor's Visa, which is different to the normal visitor's visa I assume she is on.

Even if you were married she could not stay here without leaving the UK. She would have to return home to make a Spouse Visa application (ie. Settlement application).

I can advise you specifically on such an application if you submit a further question to the board in the above described way.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6374
Experience: BA (Hons), PgDip, Practising Solicitor
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