Tier 4 student Visa - how to prove finances?

Jfkimberly, that is fascinating information!!!! I had no idea we could combine assets to make up the income.

I have owned my house mortgage free for almost 4 years (it is worth approx £140k) could this also go towards assets and halt me having to work out the difference in wages??

Jen has owned jen's house for about 8 years,so tis would definitely count too!

Edit: just realised I may have misinterpreted the assets bit. You meant money from jen's house sale,right? So my house as an asset may be irrelevant,but correct me of I am wrong.

P.s. the rush marriage club has been discussed,I am struggling with rushing as I have been married and divorced once before...the thought of rushing hurts my heart and I also want to live with jen...maybe this is a convo for another thread 

Jfkimberly, that is fascinating information!!!! I had no idea we could combine assets to make up the income.

I have owned my house mortgage free for almost 4 years (it is worth approx £140k) could this also go towards assets and halt me having to work out the difference in wages??

Jen has owned jen's house for about 8 years,so tis would definitely count too!

Only if you sold your house, I’m afraid.

The student visa route is a VERY expensive way to be together.  Jen needs to be 100% sure it is a degree Jen wants and needs for employment in Jen’s field.  Especially that a UK degree would get Jen’s desired job in the USA, as without marriage, Jen will have to return to the USA at the end of the course.

Thanks for that comment...We would hope to apply for a work Visa after the course but I know there are no guarantees.

Thanks for all this information,this forum is amazing!!!

I can see why that caused you confusion,I understood (incorrectly) that the course would be paid for prior to the Visa peeps needing proof of finances so was only focused on living expenses. From the house sale jen will have way more than the total amount you mention so again, I can confirm we will have the money.

The 28 days matter is what we are now looking into.

Thanks again.

If Jen clears £62,500 from the sale of a house that they have owned for more than 6 months, then you can apply as soon as you like after the wedding.. should you go that route.

Financial requirements here.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf

I can see why that caused you confusion,I understood (incorrectly) that the course would be paid for prior to the Visa peeps needing proof of finances so was only focused on living expenses. From the house sale jen will have way more than the total amount you mention so again, I can confirm we will have the money.

That's good. Yes, that was what I was not understanding.

What usually happens is that the fees are paid when you start the course... so you get the money together, apply for the visa, move to the UK, and then you pay the fees when you register and start the course. In a lot of cases, Tier 4 students will be funding their studies via US loans (i.e. FAFSA or Sallie Mae loans)... and those loans are not disbursed to them until the day they start the course, at which time the money will be used to pay the fees.

In some cases, the applicant will have their fees paid for them, for example, via a government exchange scheme,...or it may be that some money has already been paid to the university for accommodation, but for the most part, no money will be paid for tuition or living costs until after the visa has been granted.

If the fees were paid before applying for the visa, there's always a chance that the visa is refused and the applicant can't enter the UK to attend the course... and in that case, they would have paid thousands of pound for a course they can never do.

The 28 days matter is what we are now looking into.

As I asked above:
- what is her course start date?
- when will she be applying for the visa?
- has she been issued with a CAS from the university yet?

If we know those dates/that information, then we can help to advise on how you can work out the 28 days matter.

Thanks for that comment...We would hope to apply for a work Visa after the course but I know there are no guarantees.

Thanks for all this information,this forum is amazing!!!

It is very very VERY hard to convert from a student visa to a work visa.  Not impossible.  But a massive hurdle.  I genuinely think it's been years since we've had a member of the forum sucessfully transition from a student visa to a work visa...  I don't want to crush your hopes and dreams, just want to set realistic expectations.

Eek! Expectations set...thanks!

Course start date is mid september so Visa will be applied for no more than 3 months before and once money is in place from house sale (sadly no guaranteed time for that but working on the timing of the two aligning!!)

Application to the uni is in so hopefully will get a CAS soon

Jen will not clear as much as the £62k+ needed. Currently will clear about $45k if all goes well so we will need to make up the earnings if we went the spouse Visa route.

If we went spouse route, can jen forgo international fees and pay the UK rate for the university course? Being here long term and also doing the masters would be the gold star approach I would think!!

Thanks for that comment...We would hope to apply for a work Visa after the course but I know there are no guarantees.

Thanks for all this information,this forum is amazing!!!

It would be much, much easier to either get married during/near the end of Jen’s course and switch to an FLR(M) spousal visa, or to live together for 2 years and switch to an FLR(M) Unmarried Partner Visa, than it would be for Jen to try to switch to a work Visa at the end of her course.



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If we went spouse route, can jen forgo international fees and pay the UK rate for the university course? Being here long term and also doing the masters would be the gold star approach I would think!!

Unfortunately, no. The UKCISA (UK Council for International Student Affairs) has a whole section on who does/doesn't qualify for certain fees. In order to qualify for "home" fees, Jen would have to be either a citizen or be "settled" in the UK. Settled, in this sense, has a very specific meaning:

Settled
'Settled' means being both ordinarily resident in the UK and without any immigration restriction on the length of your stay in the UK. The regulations take this definition of 'settled' from immigration law (section 33(2A) of the Immigration Act 1971).

You have no immigration restriction on the length of your stay in the UK if you fall into one of the following groups.

Indefinite Leave to Enter/Remain (ILE/ILR)
If you have Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) in the UK, you have no immigration restriction on the length of your stay in the UK.

If you have been given ‘settled status’ under the EU Settlement Scheme, then you have ILE or ILR. That means you have no immigration restriction on the length of your stay in the UK. It is important to note that if you have only been given ‘pre-settled status’ under the EU Settlement Scheme, then you do not have ILE or ILR.


Where status is not ‘settled’

You do not have settled status if you:

-have a time limit on the length of your stay in the UK, as shown by your current immigration permission (you have 'limited leave'); or
-are exempt from immigration control, for example you are living in the UK as a diplomat or a member of their household/family (there is an exception to this if you are a non-UK national serving in the British armed forces [see above]); or
-have a type of British passport that does not give you British citizenship, for example British National (Overseas), and you do not have Indefinite Leave.

Link to the page with more details: https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/England-fee-status#settled

Because of this section in red, Jen would not qualify under a spouse visa since Jen would have a time limit on the visa. So Jen would still have to wait until the ILR(M) to qualify for home fees.

It would be much, much easier to either get married during/near the end of Jen’s course and switch to an FLR(M) spousal visa, or to live together for 2 years and switch to an FLR(M) Unmarried Partner Visa, than it would be for Jen to try to switch to a work Visa at the end of her course.



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Heard loud and clear! There is deffos a lot to think about...we knew it wouldn't be simple so glad we are asking these questions now and not shooting ourselves in the foot!!

I guess another option would be spouse Visa,then pursue masters. This would allow part time study,whilst working at the same time - would that be right? I know part time study does not allow for working under tier 4 as previously discussed, but spouse Visa allows for work.

Unfortunately, no. The UKCISA (UK Council for International Student Affairs) has a whole section on who does/doesn't qualify for certain fees. In order to qualify for "home" fees, Jen would have to be either a citizen or be "settled" in the UK. Settled, in this sense, has a very specific meaning:

Link to the page with more details: https://www.ukcisa.org.uk/Information--Advice/Fees-and-Money/England-fee-status#settled

Because of this section in red, Jen would not qualify under a spouse visa since Jen would have a time limit on the visa. So Jen would still have to wait until the ILR(M) to qualify for home fees.

Wowzers...thanks for the in depth info! Much appreciated!

Eek! Expectations set...thanks!

Course start date is mid september so Visa will be applied for no more than 3 months before and once money is in place from house sale (sadly no guaranteed time for that but working on the timing of the two aligning!!)

Application to the uni is in so hopefully will get a CAS soon

As I said in a previous post, for September start dates, universities usually don’t issue the CAS until around March or April... maybe even later than that.

I would aim to apply for the visa around June or July (depending on when the CAS is valid and when the 3 months starts)... but if the house sale takes longer you could wait until August if you had to... and there are extra services you can pay for to get a faster decision on the visa.

Jen will not clear as much as the £62k+ needed. Currently will clear about $45k if all goes well so we will need to make up the earnings if we went the spouse Visa route.

Yeah, if you are earning £13K, then the amount you would need in savings to make up the difference is £30,000.

Remember though that if she does the Tier 4 visa, she will need to use those savings to pay for the course, and therefore you won’t have them anymore to use for a spousal visa.

So, for future planning, if you wanted to switch to a spousal visa partway through her course, or at the end of her course, you would need to make sure you could meet the requirements without using those savings (because they will have already been spent on the course).

If we went spouse route, can jen forgo international fees and pay the UK rate for the university course? Being here long term and also doing the masters would be the gold star approach I would think!!

No, as I said in one of my first replies, Jen would still have to pay international fees.

This is because you can only qualify for home fees if you have lived in the U.K./EEA for at least 3 years prior to starting your course AND you must also hold permanent residence in the U.K. (which takes 5 years of living in the U.K. on certain visa types to qualify for).

This means that even British citizens can be subject to international fees if they have been living outside the UK/EEA in the previous 3 years.



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Yeah, if you are earning £13K, then the amount you would need in savings to make up the difference is £30,000.

Remember though that if she does the Tier 4 visa, she will need to use those savings to pay for the course, and therefore you won’t have them anymore to use for a spousal visa.

So, for future planning, if you wanted to switch to a spousal visa partway through her course, or at the end of her course, you would need to make sure you could meet the requirements without using those savings (because they will have already been spent on the course).

Hmmm...Jen and I need to have a big think about all this information and its implications I think!!

And thanks for clarifying about the fees,I remembered you said something but I couldn't locate it in my excitment/frenzy!! Thanks for your patience!!

Hi everyone,

So, we have had a further look into Tier 4 and realise it is not as good a route as we first thought! We realise it does not give us the long-term stability we were after and it is much more expensive than other routes. We are now considering the marriage visa. If this should now go on a different thread please say, but originally I was told to keep things in the same thread so you can track and provide support for our visa journey.

So...we have a few questions about the marriage visa and would love some feedback:

1. Is it best to get married in the states and then apply or can we get married in England? i.e. why can't Jen come here to get married to me, rather than me going there to get married to Jen?

2. We note that we can make up a shortfall in wages with savings. From your comments we understand that we can combine our savings (as long as we have held them for at least 6  months - this can be gleaned from a house sale if the house has been owned for at least 6 months). Is this correct or do all the funds we are proving need to sit in only one person's account?

3. Jen would still like to go to school here. Once we have the visa approved do we have to hold the above funds for a set period of time or can Jen spend it on clearing debts before emmigrating and on paying for school in England?

4. Once Jen is approved on a marriage visa (fingers crossed!!), how long do you have before you have to emmigrate? Jen has a good job and would like to have that security so would prefer to give at least 30 days notice once the visa is confirmed.

5. The visa lasts for 2.5 years. When Jen is living in England we can add Jen's wages to mine to make up the financial requirements for the visa renewal. Currently, upon renewal we would need to prove a total of £18,600 between us. Is this correct?

6. Eventually, we would like to move back to the states together. Is it possible for Jen to obtain dual citizenship/not get British citizenship at all in order to facilitate this?

Thanks so much in advance, I know that this is a lot in one go 

1. Is it best to get married in the states and then apply or can we get married in England? i.e. why can't Jen come here to get married to me, rather than me going there to get married to Jen?

If you marry in the US, you do not need a visa, you can just enter on the ESTA and get married. Also, you can usually marry within 24-48 hours of arriving in the US. You can then apply for the spousal visa right away (£1523 plus £1200 IHS surcharge) and Jen can work, study and use the NHS as soon as they land in the U.K.

However, in order to marry in the UK, Jen will need a visa... either a marriage visitor visa (costs about £90) where they come to the U.K., get married, then return to the US to apply for a spousal visa. Or a fiancé visa (£1523) where they can fly to the U.K., get married and switch to an FLR(M) visa without having to leave the U.K. (£1033 plus £1000 IHS surcharge).

Also, in order to marry in the U.K., there’s at least a 35-day waiting period from arrival in the UK to being allowed to marry (compared to maybe 24 hours in the US), which could be extended to 77 days if one of you has a visa. And also, Jen cannot work, study or use the NHS

So, it takes much longer to marry in the U.K. and costs about £1000 more.

2. We note that we can make up a shortfall in wages with savings. From your comments we understand that we can combine our savings (as long as we have held them for at least 6  months - this can be gleaned from a house sale if the house has been owned for at least 6 months). Is this correct or do all the funds we are proving need to sit in only one person's account?

That’s correct. They can be in any number of account(s) as long as they are all either in your name, Jen’s name or both your names jointly... and no one else is named on them.

3. Jen would still like to go to school here. Once we have the visa approved do we have to hold the above funds for a set period of time or can Jen spend it on clearing debts before emmigrating and on paying for school in England?

Jen must still have ALL the funds used to meet the requirement in their bank account on the day they arrive in the U.K. on their visa. The immigration officer at the airport should check that the visa holder still meets all the requirements and if they find that the savings relied on for the visa have been spent (or you no longer have your job), they will no longer meet the visa requirements and their visa can be cancelled at the border and Jen sent back to the US.

Once Jen is in the U.K. there’s no set time for keeping the funds, but you would need to make sure you could meet the financial requirement again for every visa application... so if you got a fiancé visa married in the U.K., you would need the funds available for the FLR(M) visa.

The visas after that are valid 2.5 years, so you need to be able to meet the requirement again in 2.5 years and in 5 years. Once Jen is in the U.K. on a spousal or FLR(M) visa and can work, any income they earn can also be used towards the requirement.

4. Once Jen is approved on a marriage visa (fingers crossed!!), how long do you have before you have to emmigrate? Jen has a good job and would like to have that security so would prefer to give at least 30 days notice once the visa is confirmed.

Depends on the visa Jen applies for. A marriage visitor visa and a fiancé visa are both valid for 6 months, and they can enter at any time in the 6 months.

A spousal visa is issued as a 30-day vignette valid for 1 entry to the U.K., and then a 33-month BRP Card which is picked up from a U.K. post office within 10 days of arriving. Jen must enter within those 30 days on the vignette. You can enter the date you want the vignette to start on the visa application, and it will usually start 7 days earlier than that.

5. The visa lasts for 2.5 years. When Jen is living in England we can add Jen's wages to mine to make up the financial requirements for the visa renewal. Currently, upon renewal we would need to prove a total of £18,600 between us. Is this correct?

Yes.

6. Eventually, we would like to move back to the states together. Is it possible for Jen to obtain dual citizenship/not get British citizenship at all in order to facilitate this?

It would be best for Jen to obtain U.K. citizenship before returning to the US, if only to make travel easier in the future. It takes 5 years of living in the UK to gain ILR (but time on a student visa does not count) and then citizenship can be applied for after that.

If Jen moves back to the US after gaining ILR but not citizenship, if they wish to live in the U.K. again, they must return to live here within 2 years or the ILR will lapse.

If more than 2 years have passed or if Jen leaves before gaining ILR, if they wish to return to live in the UK they will have to start over with all the spousal and FLR(M) visas again.


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