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  1. #1
    Rookie มือใหม่
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    11 May 2015
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    Default Thai boyfriend with student visa until october. How best to proceed to stay in uk...

    Hi
    I used this forum a lot 15 years ago when I brought my thai wife & her daughter to the uk. Both now are british citizens but my daughter has a new challenge re: her thai partner & I'm not sure how best for them to proceed.

    He's in the uk on a student visa that ends in october, he graduates in the summer. They have lived together for 2+ years, she has a 4 year old (he's not the father).

    He is happy to marry her if it helps. She will struggle to earn the 18k per year needed to sponsor him (i know about her having savings in the bank reducing that amount but she hasn't got any).

    Questions that spring to mind are:
    Can he apply from the uk if they marry?
    What if they marry & he adopts her daughter?
    Can his earnings here be included in income?
    Etc. Etc!

    I haven't been able to find anything for this particular situation. He's trying to find a decent job in the uk (does the govt now give graduates 2 extra years to find one or is that not yet implemented?).

    Many thanks in advance.

  2. #2
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    Default

    Yes. Moreover, if they have evidence of living together akin to marriage for at least two years, then he may apply for leave to remain as an unmarried partner, subject to Appendix FM and FM-SE.

    Not sure about adoption.

    Yes, his earnings may be included to help with the financial requirements under 1

    (c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).

  3. #3
    Rookie มือใหม่
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    Default

    Many thanks Vinny. I'll follow that info up.

  4. #4

    Default

    I doubt that their time together on a student visa will count towards their two years living together. It certainly doesn't with a visit visa. NO doubt somebody who 100% knows will chip in.

    I am pretty sure that he will have to go home to apply for settlement.

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