Polychromize

Hello all and thanks for reading.

I came to the UK in January of 2014 on a Tier 5 YMS. I am from Canada, he was born in the UK. My partner and I have been speaking since March, got together in September, and have been living together in a house share since November. I currently hold a good job as does he. The reason we have not moved into a flat together is, if I have to leave at some point to apply for a visa, he will not be able to financially support it himself.

I would like to spend more time in the UK with him as he has some inflictions on his passport which denies him from leaving the EU for 7 years.

With that being said, any help on deciding which option would be best for me would be greatly appreciative.

1) Student Visa
I understand from a Tier 4 General Student Visa you can stay for up to 28 months (my course is 24 months + 4 months before you leave). My time there does not apply for indefinite leave to remain. I can work 10 hours a week. I must pay 820 pounds for 9 months of maintenance fees. If I did choose this option, however, what would my options be after the 2 years is up?

2) Spousal Visa
As far as I understand, to get a spousal visa I must be living with my partner for 2 years. We have only lived together for a month. Together we make over the 18600 pounds required income. Would we have to get married? I love him and we want to be together, however we are both not religiously interested in getting married. What is a civil partnership (sorry for my ignorance), and could this be used instead? Would we have to get married, if so, while I am here on my Tier 5 YMS or would I have to apply for another visa to get married, and then a marriage visa?

I have tried to read the guidance on these but I feel as though theres a lot of "what if" situations.

Thanks for your time.

BritInParis

If you want to stay and be with your partner long term then a spousal visa would be a better option as time on a Tier 4 student visa won't count towards settlement and you'll likely to have to go down the spousal visa anyway at the end of your course.

You don't need to married if you've been in a de facto relationship for two years but that won't be an option for you. You don't need to have a religious ceremony. You can marry in a registry office or any other place that is permitted to hold a civil wedding such as a hotel or another type of hospitality venue.

Only your partner's income will count towards meeting the £18,600 income requirements. You cannot pool your joint incomes to meet the requirements.

You can marry in the UK whilst on your Tier 5 YMS visa and then lodge an application with the Home Office for a spousal visa. You don't need to leave the UK to make the new application nor apply for a marriage visa.

I'd like to know what 'inflictions' your partner has on his passport that prevents him from leaving the EU for seven years. Is he a British citizen?

Polychromize

Hiya and thank you for your response!

https://www.gov.uk/remain-in-uk-family/overview - is this the visa you are on about? If it's the simplest route I'll have to speak to him.

He is a British citizen and has never been out of the country. As far as I know, he has had some infractions regarding his licence/unregistered vehicles/something along those lines and isn't able to leave. I have been hounding him to contact the passport office to check what the status of it is however he hasn't done that as of yet. I just wanted to get the ball rolling in the new year that's all.

If that is the correct visa - he does not make over 18600 - but together we do. I am am making approx 12k a year by myself. Does this apply to that visa I linked above? Or could you please clarify?

I really appreciate your response - I didn't think anyone would reply! I really do want to go back to school and I really do want to stay with my partner, but I also want to do the easiest/least travel/cheapest option available so if that means getting married then that's what it's going to have to be since he's the main reason I'd like to stay.

Cheers!

Polychromize

Hiya, thanks for your response. Sorry if this posts twice however I believe the first message I posted got deleted.

He is a British citizen who has never left the country. His infractions have something to do with his licence/unregistered vehicles/something along those natures - nothing too serious but nevertheless he is unable to leave. I have been trying to get him to check with the passport office but no success as of yet. I am going to make him in the new year hehe.

Is that the 2 year FLR(M) visa to apply for? The only thing I am concerned about is the fact that they require 18600 pounds per year. We meet that together but we both average about 12k each per year. Is there any way around this do you know?

Thanks for your help I appreciate it. I do want to go back to school but I also want to be able to stay in the cheapest/least travel/easiest way possible. Thank you!

scot47

"His infractions have something to do with his licence/unregistered vehicles/something along those natures - nothing too serious but nevertheless he is unable to leave"

There is a court order saying that he cannot leave ?

You ask about a civil partnership. That is for same-sex couples.

Polychromize

Thanks Scot - I'm just a bit clueless lol!

& I am not 100% sure - he doesn't know a lot of the details as Im trying to get him to call and find out. But I don't think he'd ever come back to Canada as his family is here. Whereas I'm the one who left in the first place since I couldn't take -40C winters anymore haha.

37100

For me, this has alarm bells ringing. A 7 yr ban from leaving the EU? Never heard of such a thing. Withdrawal of a British passport yes, but only for serious reason. Caution is needed.

Polychromize

I appreciate your concerns and I do need to look more into why he can't leave the country. But for right now I am more concerned about how I might be able to stay

37100

If you're thinking of a spouse visa it should concern you now IMO.

Polychromize

I can understand how it could be concerning from a third person perspective e- sorry I didn't realize before.

I've spoken to him and what he's said is that he never was told by the police/courts/whoever that he wasn't allowed out of the EU - rather most countries (i.e. Canada, where I'm from) state that if you have anything above a speeding ticket, you're probably more than likely not going to be allowed in the country if it occurred within the last 5 years.

Does anyone know if it's possible, for the spouse visa, if I am currently employed and making approx 12k a year if they would take that into consideration for the maintenance amount? I will have been working in the UK for over 6 months at the time of application for this visa, but it seems silly how they want proof he can support me when I've been supporting myself since I arrived?

BritInParis

Sounds like your partner has a criminal record. This doesn't preclude him from travelling outside the EU but it can cause difficulties when visiting certain countries such as the US, Canada and Australia. He wouldn't now, for instance, qualify for the US Visa Waiver Program and would have to apply at the US Embassy for a visa.

Unless your partner makes more than £18,600 then the spouse visa isn't an option as this is the minimum salaried income required to sponsor you.

rebeccajo

Can the OP switch in-country from the Tier 5 to a spouse visa? Which would allow the OP's income to be counted?

BritInParis

The OP can switch in-country onto a spouse visa. Just re-read the financial requirements and that should in fact allow her salary to be taken into account. The usual requirements about being with the same employer for six months, etc.. still apply.

rebeccajo

Excellent.

formula

Here is a thread from last month about switching (in country) to a spouse visa from Tier 5 YMS, that gives you the relevant guideline link.
http://britishexpats.com/forum/citiz...s-visa-847328/