Thursday, 09 September 2010
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WILL MARRIAGE SOLVE OUR STAY PROBLEM? PDF Print E-mail

Question:

My partner and I both long to stay in the UK for longer but are not sure what options we have.  Ideally we would like to find a more permanent way.

We are both on Ghanaian passports.  My partner came to the UK in 2000 on working holiday visa and did a 8 months holiday extension.  I came in 2001 also on WH visa and have both been on student visas for a year and are currently looking at doing another year.  As a couple do we have other options?  Do we both have to study full time?  Would marriage make any difference to our status? Is there something like a fiancĂ©e visa?

Answer:

Unfortunately it will be not possible to obtain a UK fiancĂ©e visa based on the current status of you and your partner.  FiancĂ©e visas can only be obtained based on a British passport.  You and your partner will have two choices in order to remain in the UK.  If you and your partner have both completed your current courses you would be able to extend your student visa for a further course of study.

You are entitled to undertake studies in the UK for a period of 4 years on the bases that you have attended all your classes and have completed the previous course undertaking. I have noted from your question that you are considering marriage.  After the
marriage has taken place, one party can remain a student and the spouse can become dependant on the student Visa.

As both parties have been on the student visa before the marriage took place,the Home Office will require evidence that the dependant complete their course of studies before the application will be considered.

If only if the student course is longer than 12 months will the dependant be allowed to take up full time employment for the duration of the student course.

DO U HAVE ANY EXPERIENCE OR ANY ADVICE ON THIS? OR WANT TO ADD YOUR COMMENT?

 

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