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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6390
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a student and my visa is ending in two months time. I

Resolved Question:

I am a student and my visa is ending in two months time. I have step sisters and other relatives here who are british,is there any way I can renew as their relative and not as a student? and if it is possible,what do I need to do so? thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

How old are you?

When did you first come to the uk?

What other uk relatives do you have?

Customer: replied 1 year ago.


I came in 2007, I have aunts ,cousins and I have a befriend for three years now

Expert:  Thomas replied 1 year ago.
Hi,

How old are you please?

Is there a reason why you cannot get an extension of your student visa?

What would you do if you are not studying?

Do you have a boyfriend, if so please state their visa status?

Tom
Customer: replied 1 year ago.


I am 32, my boyfriend is British. I am not dropping my studies, its only that I need a free mind to concentrate, I really need to find a good job when I finish my studies.

Expert:  Thomas replied 1 year ago.
Ok.

Do you live with your boyfriend? If so, for how long?

Do you and your boyfriend intend to marry?

Tom
Customer: replied 1 year ago.


No we dont leave together and yes we intend to marry by the end of the year because we want to serve some money for the big day.In my culture,we are not allowed to stay together untill we marry.


 


Ruth

Expert:  Thomas replied 1 year ago.
Hi Ruth,

What is your annual income from your job (if any)?

What is your boyfriend's salary?

There is a financial threshold to applying on this basis.

Tom
Customer: replied 1 year ago.


My one is 10-14000 and my boyfriend's is between 10- 20 roughly because he has two jobs.


 


Ruth

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that I cannot see that you have a right to stay here on the basis of your family members being UK citizens. They are not close enough family in order for you to apply automatically for a visa unfortunately.

The most viable option in the time frame that you have left if you do not wish to leave the country before making the application is for you to marry your partner and then apply on the basis of your marriage for a spouse visa.

You can do this if you marry and get your application in before your current visa expires. People can apply on the basis of being an unmarried partner but the general rule here is that you must have been cohabiting for a period of two years prior to making the application. Sometimes, the UKBA exercise a discretion where it has been impossible for them to actually cohabit. You could attempt to apply on this basis (the criteria is otherwise the same as for a spouse visa) but it would be a bit risky because you would be arguing on the cohabitation point and would have to evidence the considerable social/religious pressures that prevent you from cohabiting).



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
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


You will need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website.


I would strongly advise you to see a solicitor to check your eligibility to apply on this basis before you marry though, because it’s a big decision. You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.


Hi


 


I can't rate your help, you mentioned very thing so clear and simple,it was more than I experted,its above all the rates,thank you so much and I wish you knew how much this means to me,I will get back to you in future,may you have a grate day,thank you once again.


It was more than excellent.


 


Ruth Smile

Expert:  Thomas replied 1 year ago.
Hi,

You have still not rated my answer. Please rate as OKAY SERVICE or above otherwise I do not get credit for the time I have taken to answer your question!

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6390
Experience: BA (Hons), PgDip, Practising Solicitor
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