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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, my partner is a Chinese national. She has a Tier 4 student

Resolved Question:

Hi, my partner is a Chinese national. She has a Tier 4 student visa expiring January 2016. Her only income consists of gifts from her mother. I am also a student. My only income (apart from very minimal amounts of interest) is student finance. My questions are:
a) if my partner wants to remain in the UK, what are her options?
b) if she fails her course and is excluded from the university, would that affect her visa?
c) is there anything to stop her owning shares in a UK company?
b) would it make a difference to any of the above if we got married?
Thank you.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience
What level of cash savings do you have between you please?
Kind regards
Tom
Customer: replied 2 years ago.
Hi, no worries, thanks for your reply.
I have a minimal amount - say a few £100 - which I am planning to use to start a company. My partner has subsistence costs for the next year, say around £10k.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
a) If you do not have cash savings of a considerable amount and are only in receipt of a student loan then you do not meet the requirements for the financial requirements for a spouse visa. This means that her options would be to either extend her student visa or to see if she can get an offer of employment from a Tier 2 general licensed sponsor in order for her to apply for a tier 2 general visa (https://www.gov.uk/tier-2-general/overview). The only other option if she does not have access to £200k for investment in UK business would be a tier 1 exceptional talent visa but these are VERY hard to get (https://www.gov.uk/tier-1-exceptional-talent/overview)
b) Yes. The university would inform the home office and they would write to her advising that they have curtailed/terminated her visa. She would then have only a very short period of time within which to either leave or switch to another visa category.
c) No
d) It would not make a huge difference unless you were able to meet the financial requirement (for which you must have an income of above £18600 per annum or £62500 in cash savings held for 6 months. If you were able to relocate to another EEA country to work for a period of 3 months + then she could apply for an EEA family permit when you return to the UK, in this way she would not have to meet the financial requirement because you would effectively be treated as a returning EEA national to the UK (https://www.gov.uk/family-permit/surinder-singh)
I am sorry that I could not have better news for you.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Tom. The Surinder Singh route sounds very interesting. If I was to go and work in, say, France (I speak a bit of French) over the summer university break, taking my partner with me and getting married before we left, would that be enough? If so, what would her standing then be - could she remain indefinitely? The page you linked talks about a lot of factors I wouldn't be able to fulfil (children in the country, strong links, etc etc).

Expert:  Thomas replied 2 years ago.
Hi,
You would have to be married and would also have to work for a minimum of 3 months but even then it is a bit sketchy. Ideally, you would work for 4 months as a minimum.
Please do remember to rate my answer.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom, will do.

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