Hello
Guest

Sponsored Links


Topic: Change a student visa to leave to remain  (Read 699 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 1

  • Liked: 0
  • Joined: Jul 2012
Change a student visa to leave to remain
« on: July 25, 2012, 06:55:20 PM »
Hello! Can someone help me out?  I've recently graduated...a week ago... and now I  have until October to find a sponsorship via employment or marry my boyfriend if I want to stay, which I really do. 
Does anyone know what steps need to be taken to change my student visa to a Leave TO Remain?

As I was reading earlier post, I realized the laws may be different than fiance/spousal visas since I am in the UK have a National Insurance number and NHS services.

Any advice would be appreciated. :)


  • *
  • Posts: 13025

  • Liked: 4
  • Joined: Oct 2005
  • Location: Washington DC
Re: Change a student visa to leave to remain
« Reply #1 on: July 25, 2012, 07:04:18 PM »
You can't change your visa from a student visa to another unless you marry. That's your option. It's unlikely you will be able to find an employer who will sponsor you. You having an NI and NHS number doesn't change anything.


  • *
  • Posts: 296

  • Liked: 2
  • Joined: Oct 2011
  • Location: Edinburgh
Re: Change a student visa to leave to remain
« Reply #2 on: July 25, 2012, 08:44:39 PM »
As Geeta has said, unfortunately options for foreign students to stay in the UK are very limited now. If you're ready for marriage, that's going to be your best option, as there isn't a way to get a visa to extend your stay after being a student. Tier 2 is technically an option (we've been told here to never say things are impossible when giving immigration advice  :)), but the chances of finding an employer to sponsor you are very, very slim right now, as there are many British recent grads struggling to find work (10,000 recent grads applying for ten places in a graduate scheme isn't uncommon) and Tier 2 is really for skilled migrants with work experience. Even companies that employ foreign students through internships (paid or not) aren't able to hire them to stay on after they graduate.

Someone else will need to clarify whether or not you can apply for your fiance visa in the UK or if you'll need to apply from outside the country. There are a lot of rules when it comes to switching visas inside the UK, and I'm not up to date on those rules. I will advise that it is usually easier to fly to the US and get married, apply for your spouse visa and then move back to the UK. Your fiance will not have to get a visa to get married in the US, but you will need a fiance visa to get married in the UK. So marrying in the US will save you the cost of a fiance visa and could end up being cheaper depending on flight costs.

Hope that helps.


  • *
  • Posts: 1410

    • Jennifer Knits
  • Liked: 1
  • Joined: Jul 2010
  • Location: Inverness
Re: Change a student visa to leave to remain
« Reply #3 on: July 25, 2012, 09:05:46 PM »
As Geeta has said, unfortunately options for foreign students to stay in the UK are very limited now. If you're ready for marriage, that's going to be your best option, as there isn't a way to get a visa to extend your stay after being a student. Tier 2 is technically an option (we've been told here to never say things are impossible when giving immigration advice  :)), but the chances of finding an employer to sponsor you are very, very slim right now, as there are many British recent grads struggling to find work (10,000 recent grads applying for ten places in a graduate scheme isn't uncommon) and Tier 2 is really for skilled migrants with work experience. Even companies that employ foreign students through internships (paid or not) aren't able to hire them to stay on after they graduate.

Someone else will need to clarify whether or not you can apply for your fiance visa in the UK or if you'll need to apply from outside the country. There are a lot of rules when it comes to switching visas inside the UK, and I'm not up to date on those rules. I will advise that it is usually easier to fly to the US and get married, apply for your spouse visa and then move back to the UK. Your fiance will not have to get a visa to get married in the US, but you will need a fiance visa to get married in the UK. So marrying in the US will save you the cost of a fiance visa and could end up being cheaper depending on flight costs.

Hope that helps.

A fiancée visa is NOT required to marry your boyfriend while in the country on a tier 4 student visa. You would need to do so in a timely enough manner to post bans, get married, receive your marriage certificate, and apply for FLR(M) before your current visa expires.  I am not sure, as someone already in the country but not on the settlement path, if the new rules regarding financial support from your sponsor (spouse) apply.

Alternatively, you could continue your studies and apply for an extension of your Tier 4, though, again, you would need to apply for that visa before your current one expires. Good luck whatever you decide.


  • *
  • Posts: 6098

  • Britannicaine
  • Liked: 198
  • Joined: Nov 2008
  • Location: Baku, Azerbaijan
Re: Change a student visa to leave to remain
« Reply #4 on: July 25, 2012, 09:08:44 PM »
The new maintenance rules would apply because the OP is not currently on a settlement path.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


  • *
  • Posts: 1410

    • Jennifer Knits
  • Liked: 1
  • Joined: Jul 2010
  • Location: Inverness
Re: Change a student visa to leave to remain
« Reply #5 on: July 25, 2012, 09:12:52 PM »
I was afraid of that  ::) I read more than a few places short hand it to "the new rules don't apply to those already in the UK" to hope it might be a loophole and not half of a sentence, the other half being "on the family settlement path".

OP, I hope your boyfriend is established in his career path or marriage may not be an option for staying, either.


  • *
  • Posts: 3431

  • Liked: 31
  • Joined: Jul 2008
  • Location: Edinburgh, Scotland
Re: Change a student visa to leave to remain
« Reply #6 on: July 26, 2012, 10:04:20 AM »
However, in country the applicant's earnings do count towards the maintenance requirement.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


Sponsored Links