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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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May I ask first of all that there is no obligation? I

Resolved Question:

Hello. May I ask first of all that there is no obligation? I haven't used this site before
Assistant: Where are you located? It matters because laws vary by location.
Customer: England
Assistant: Has anything been filed or reported?
Customer: No - this is just an immigration enquiry about a visa selection
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I just want to check first the solictor's credentials in immigration law?
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
My main question:My partner is a student in Ukraine and we've only been seeing each other a short period of time. Longer term we hope to apply for the family visa to get married in the UK, but first we think it would be a good idea for her to visit the UK and see what she thinks of it here.I said I'd help her with this but I have a dilemma: I don't know whether she'd stand a better chance applying for the standard visitor visa and we're open and honest about her reasons for her visit, or whether to apply for a 6-month short term student visa. She'd be happy with either but which is best and should we declare that she knows me in the "friends" part of the application at this stage? In the future when we apply for a marriage visitor visa will they look back on the first short term application and query it?Look forward to hearing from you.
Customer: replied 1 month ago.
I should add - her visit will only be for one week in the first instance. So it's a case of deciding if it is best to apply for student visa or tourist visa. And then secondly if to record details of me and the nature of our relationship at this point. Tourist visa is cheaper but maybe it's harder to get for a student. I don't want to jeopardise the chance of success if we say about the relationship. But if we don't declare it now - maybe that will affect the future marriage visa
Expert:  Thomas replied 30 days ago.

Hi,

Thanks for your question.
Are you a UK citizen?

Kind regards

Tom

Customer: replied 30 days ago.
Expert:  Thomas replied 30 days ago.

Hi

Thanks for your question. I will try to help.

Generally it’s best to be honest in all dealings with the home office, it can come back and bite you if you are not. The home office take dishonesty extremely seriously and in the worst case scenario it can affect future applications.

If she is coming for a short stay to see you and get a feel for the UK and has no intention of settling here permanently on this trip then she should apply for a visit visa.

The eligibility criteria for a visitor's visa is as follow (as I am sure you know), is that you need to show that:-

· You want to visit the UK for no more than six months;

· You intend to leave the UK at the end of your visit;

· You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay because she at present has compelling family and social/work ties to her home country which mean that she will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from her employer stating she has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money she has available, letters from relatives/friends confirming any obligations she has to them.

If you are based in the UK and will assist her during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that you are to return at the end of it, that although you are in a relationship with her you both know that she MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

.

The home office are suspicious of one party to a couple visiting the other party in the UK because of the huge problem with overstayers he so you have to give them as much documentary evidence as you can that indicates that her life remains back in Ukraine and that there are verifiable reasons which will compel her to return.

Although it is a bit of a burden to apply for this visa, ultimately once you have received it will help in the future when she applies for a visa based on your relationship so that she can come here and settle because this prior visit (ie. One which effectively confirms your relationship) will assist in proving the credibility of your relationship further down the line.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 30 days ago.
Thanks Tom, that's very helpful. One thing just to be clear on from my perspective. Might it still be preferable to follow the student visitor as opposed to the tourist visitor path if she still takes up a course to do English for a week? That way she could still declare she knows me and studying would still be the prime purpose. Or do you think that could cause confusion and suspicion at the Home Office? Many thanks, Adrian
Expert:  Thomas replied 30 days ago.

Hi Adrian,

If she wants to study then she can apply for this. However, if the home office take the view that the primary purpose is to visit you then it will make them even more suspicious that the student visa application is a visit visa application/attempt to enter to overstay by stealth.

Please do remember to leave feedback using the stars at the top of the page.

Tom

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 30 days ago.
Thank you that's all very helpful. Really appreciate it.
Expert:  Thomas replied 30 days ago.

You're welcome./