How long have you lived together with your partner in your relationship in the same accommodation please?
Thanks for your question. I will try to help.
In order to be regarded as an unmarried partner for the visa rules you must have been living in a relationship similar to marriage in the same accommodation for 2 years. You must also be able to prove this with documentary evidence.
So, if you are short of the 2 year residential requirement then you would not be regarded as unmarried partners until you reach two years.This means that your options are to either wait 8 months until you reach two years and then apply, or to marry or carry out a civil partnership now and then apply for a spouse visa.The criteria for unmarried partners or a spouse visa are very similar.
She will have to apply from a spouse visa.
The webpage on spouse visas is here:https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-https://www.gov.uk/join-family-in-uk/eligibility
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:-
It’s a complicated application and so I would recommend that she instructs a solicitor to prepare the application and supporting evidence for you.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
The visa will be granted for a period of 27 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once he has been here for 5 years. After that she can apply to be naturalised as a UK citizen provided she meets the eligibility criteria.
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You're welcome. Please do remember to leave positive feedback though..
Once you have reached the two year period then you can apply for a spouse visa from within the UK provided that her current student visa has not expired.
If you do not have considerable savings (ie. above £16000) or do not earn more than £18600 per annum then you would not meet the financial requirements for a spouse visa.
This is a problem. The application would be refused because of this.
However, if between you and your partner you had more than £62500 in cash savings then you would still be okay beacuse this would meet the financial requirements..Tom
Okay. What do you earn from employment please?
It's a problem.
The savings and your employment income are not sufficient to meet the financial requirement.
You have to try and find a job as soon as you can that pays more than £18600 per annum and be employed in the role for more than 6 months before you can now apply. I am sorry.Tom
I do know if that amount will affect your benefit.
If she is not the mother of the child then she cannot get leave to remain based on the child.
If she is the mother of the child then this is very helpful to her and will help but you would certainly need a solicitor to make the application for her.
You will appreciate that I have spent more than sufficient time on your question now and I wish you good luck.
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