UK Student Visa

[Froster]

Has anyone successfully used a UK Student Visa to bring their RW/UW across here? I'd like to bring my Ukrainian girlfriend across here to see how she like the country (Edinburgh, Scotland). There's always the option of a tourist visa but I feel she might get bored if I'm at work all day and she's stuck at home by herself. With the student visa she could learn English p/t and work up to 20 hrs a week.

Would immigration see the fact she is my girlfriend as a bad thing? i.e they wouldn't expect her to return home at the end of the visa.

Any feedback/info greatly appreciated.

[Leslie]

Froster,

You are about 5 years too late with these options. They were possible in the past but successive Home Secretaries beginning with Blunkett have made it very much harder.  Both a tourist and a student visa are problematic now for an FSU woman.

First the tourist visa.  She will have to qualify for one by herself.  Your sponsorship will not help.  Indeed if the interviewing officer finds out she is your girlfriend then this alone is grounds to deny the visa.  Essentially she needs to be rich.  Own a flat or business in FSU.  Prove her wealth with her own bank statements.  Rich people get tourist visas very easily.  Poor people are almost always turned down.

Second the student visa.  I brought my wife to England on a six month student visa.  Back then as long as she was accepted on a British Council approved course it was not a problem - just expensive I spent over 5K.  After Reid's recent amendment your girlfriend has to be approved for study at a university level institution and she has to prove she has funding to complete the course.  Effectively rules out 99% of people.

You should note that a person visiting UK on a temporary visa (tourist, student or work) CANNOT marry in the UK.  If they wish to marry they must return to their home country and apply for a fiance visa.

Problem is that we have over a million East Europeans in UK now and the government wants no more of them.  Period.  If there is even a small hint that your girlfriend wants to come and work in UK then any chance of a temporary visa vanishes.


There are only 2 routes open :-

A fiance Visa

Your sponsorship is vital here and you will have 6 months to marry.  If you own a home and are in regular employment then this approach is straightforward.  Usually takes about 6 weeks.  you need to assemble the paperwork perfectly.

A Spouse Visa.

Similar sponsorship rules as for a fiance visa.  If you marry in her country can be granted within the week.  You can travel back to UK together.

The visa journey to citizenship is now expensive and complex.  The easy options have been closed.  Good luck.

[swindoom]

Froster,
First the tourist visa.  She will have to qualify for one by herself.  Your sponsorship will not help.  Indeed if the interviewing officer finds out she is your girlfriend then this alone is grounds to deny the visa.  Essentially she needs to be rich.  Own a flat or business in FSU.  Prove her wealth with her own bank statements.  Rich people get tourist visas very easily.  Poor people are almost always turned down.

I have to disagree with this, the tourist visa is straight forward if the lady has a sponsor and can show she has good reason to return to the FSU, such as a job/house/kids. Visiting a boyfriend on a tourist visa is completely acceptable reason, trying to decieve the ECO will result in the application being refused.

As long as she has somewhere to stay, financial support during her trip and will go back before the visa expires it will be granted. My lady was not rich and had no problems, my MIL is not rich and had no problems.

[Jazzyclassy]

Oh here I agree with Leslie absolutely

I was refused 2 times with Uk visa  and even though am not that poor am middle class person I have an apartment I have Uni to finish in Moscow I have stable job, but nothing made them sure that I will come back, as soon as they know about my boyfriend and things they automatically refuse


as Leslie told already it is either Fiance visa or Spouse visa right now among those options , no other way at least I do not know how to get Uk visa maybe only tourist visa ,but again she should prove that she is rich and well does not know any kinda people there, for me this way wont work already cos they know that I have friends in the Uk and moreover  my  boyfriend so before marriage if we are ever married I wont be able to visit Uk just like that

[Leslie]

Swindoom,

I agree that the situation you describe pertained in the past -

"I have to disagree with this, the tourist visa is straight forward if the lady has a sponsor and can show she has good reason to return to the FSU, such as a job/house/kids. Visiting a boyfriend on a tourist visa is completely acceptable reason, trying to deceive the ECO will result in the application being refused."

Even 3 years ago tourist visas were obtainable.  Now in practical terms they are not.  In legal terms there is no right of appeal if a tourist visa is denied.  It is an administrative decision made by a consular officer.  Essentially the rule "has good reason to return to FSU" is now applied much more stringently.  If there is even a possibility that the person may not return home (i.e. Work) a tourist visa is denied.

Of course because it is a decision made by a consular officer some applications will be approved.  It is not a level playing field.  It may be worth a go as there is a small possibility of success.  However once a tourist visa has been declined and this decision entered on the FCO computer system you can forget further applications.

My brother in law was denied a tourist visa on these grounds.  This summer my wife will apply again (as a British Citizen) for a family visa.  These visas are subject to law not administrative decision so if this application is denied we will appeal.  John Reid has recently announced that Family visas will be limited to 90 days.  A further example of tightening the practice of the rules without legislation.

Jazzy,

You have our sympathy.  Natasha and I often reflect how much more difficult this process is now than when we started.  The costs have basically trebled!

[swindoom]

Swindoom,
Even 3 years ago tourist visas were obtainable.  Now in practical terms they are not.  In legal terms there is no right of appeal if a tourist visa is denied. 

All the visa's I have sponsored have been in the past two and a half years, with one just being granted for the MIL, she only earns $80 a month but no problem.

When I sponsored my wifes first tourist visa almost two years ago, I clearly stated in my sponsorship letter she was my girlfriend and her reason for return was to finish her university course, again she had no problem. I also know a few Russian women who visited England on a tourist visa before coming over on a fiancee/spouse visa. My impression has been it has become easier over the past few years to get a tourist visa.

[Froster]

Thanks for all the responses guys. It's not all been what I wanted to hear but I'm grateful nonetheless! Think I'll have to knock the Student Visa idea on the head but I'll consider the tourist visa in future. If there's a chance then it's definitely worth a shot.

Cheers

Ross

[Froster]

Would anybody know if the length of tourist visa requested would have a bearing on whether it would be granted or not. For example would I have more chance of securing a 2 week visa compared to the full 6 months?

[Ste]

My experience is this - we got a six month student visa circa 2004 quite easily, from Russia, Ukraine is more difficult. We abused it a little bit, two week course, three month visit but there was no visa breach.

2005 we got another, in a bit of a rush cos an opportunity came up via the Brit-Ed in agency in Eburg we used before so we grabbed it. ECO wasn't happy about it, cos of above but issued the visa for six months but to come back after two weeks. What's that all about?

We ignored that cos the visa wasn't marked with it in any way and took up a UK uni offer she'd obtained before but we'd sort of rejected cos of cost and said sod it, let's take it, face time is the only real time in a relationship so we did. We applied for full time student visa in-country n problem and she's still here. Cost a fortune but there ya go, ur looking at 10k pa for three years, can u afford that?

She can work on this visa, you can't on the sub-six month ones, but to be honest working and studying is no joke.

Last year we had a girl here for a week, a friend of a friend, from Russia, female, 28 yo, single, good job, visa no prob, not even an interview.

Look at the rejection rates from Russia, 2% last time I looked, ISTR Ukraine was 13% or sth, so more risk there. Having said that even from Russia student visas where rejected at sth like 35% so we did ok.

Sorry to contradict you Leslie but you can marry on any visa providing it has three months left on it and is issued originally for over six months. This precludes VV's and STS visa but student visas over six months and work permits/HSMP are ok for marriage.

Also we have the marriage visit visa now - a visa just to marry in UK then bugger off, money for the coffers....

To be honest I think it's easier to get a visa from Russia (but not other FSU countries) now, esp with the new courier system, but I concur with Leslie, the expense!!!

Student visa = at least 10k pa

Fiancee/Spouse visa = 500 quid

FLR = 385 quid

ILR = 750 quid

BC = Can't remember but it was 135 quid so I reckon new fee will be 300 quid

In a weird way I welcome these higher fees, puts off the chancers and those who can't afford it, let's face it, the visa fees are a drop in the ocean in this game.

[Jazzyclassy]

and can I ask a question

if for example a couple is married in Russia will she get visa more easy or it still will be probs?

[Ste]

Froster: VV's are issued for six months or longer, I've never seen one for less. However it's never a good idea to stay a long time on one cos the ECO's are gonna assume it's been used as a settlement visa, that the person must be working illegally on it - who gets six-month holidays and who can afford them?

Jazzyclassy: If you marry in Russia the Spouse visa is a formality, as is the fiancee visa if you want to marry in the UK. You cannot work on a fiancee visa tho, you can on a spouse one. But either way you won't be refused either of these visas unless it's really obvious ur sponsor can't afford to support you, or that it looks like a marriage of convenience.

[Jazzyclassy]

      Jazzyclassy: If you marry in Russia the Spouse visa is a formality, as is the fiancee visa if you want to marry in the UK. You cannot work on a fiancee visa tho, you can on a spouse one. But either way you won't be refused either of these visas unless it's really obvious ur sponsor can't afford to support you, or that it looks like a marriage of convenience.           

Thank you very much dear Ste for useful info:)

[Leslie]

Ste,

When you said -

"Sorry to contradict you Leslie but you can marry on any visa providing it has three months left on it and is issued originally for over six months. This precludes VV's and STS visa but student visas over six months and work permits/HSMP are OK for marriage."

You are correct This is the exact wording on the home office website -

If you have settled status in the UK, such as indefinite leave to enter or remain, you will not require a Certificate of Approval to give notice to marry to a registrar.

If you do not have settled status in the UK, you will need to apply for a Certificate of Approval from the Home Office.

To qualify for a Certificate of Approval, you must have been granted leave to enter or leave to remain for more than six months on your current visa, and three months of that leave must still remain.  If you don't qualify, you will need to return to your country of origin  or the country which you normally resident in, and apply for a visa there.

The Certificate of Approval application form will be available from the 1st February 2005 on the Immigration and Nationality Directorate (IND) website

Quite honestly these rules are changed so quickly that my knowledge is now out of date and I can't be bothered to keep it current.  We are finished with all this now. 

[Ste]

Ste,

When you said -

"Sorry to contradict you Leslie but you can marry on any visa providing it has three months left on it and is issued originally for over six months. This precludes VV's and STS visa but student visas over six months and work permits/HSMP are OK for marriage."

You are correct This is the exact wording on the home office website -

If you have settled status in the UK, such as indefinite leave to enter or remain, you will not require a Certificate of Approval to give notice to marry to a registrar.

If you do not have settled status in the UK, you will need to apply for a Certificate of Approval from the Home Office.

To qualify for a Certificate of Approval, you must have been granted leave to enter or leave to remain for more than six months on your current visa, and three months of that leave must still remain.  If you don't qualify, you will need to return to your country of origin  or the country which you normally resident in, and apply for a visa there.

The Certificate of Approval application form will be available from the 1st February 2005 on the Immigration and Nationality Directorate (IND) website

Quite honestly these rules are changed so quickly that my knowledge is now out of date and I can't be bothered to keep it current.  We are finished with all this now. 

Leslie, our gov is tightening up - public pressure. Visa fees have rocketed but not for skills-based visa, if ur gonna add to the economy, come in, it's still cheap....

However if ur Russian or whatever, gonna be no benefit to society for the foreseeable, then ur gonna have to pay, or ur sponsor is, and 750 quid for ILR is let's face it, scandalous!

I think I sound a bit cynical....