Can I stay permanently in the UK if I get married on a Student visa?

The process of settling in the UK can be challenging, as it is both time-consuming and costly. Generally speaking, it usually takes five years on a specific visa route, or ten years by combining time spent in the UK on routes that do not ordinarily lead to settlement on their own, such as Student visas. If you qualify for a different visa that allows you to remain in the UK, it may be preferable to switch sooner rather than later.

Partners of British and Settled persons

If your partner is British, has Indefinite Leave to Remain or holds status under the EU Settlement Scheme, it may be possible to switch from a Student visa to a Partner visa in the UK. The Partner visa allows you to settle in the UK after five years of residence on this route, which will not include any time spent on your Student visa. Those in the UK on a Partner visa are permitted to study.

If you are not married but have been in a durable relationship for at least two years (for example, living together in a committed relationship), you may also be eligible to apply.

If successful, you will initially be granted 2.5 years’ leave, with the option to extend for another 2.5 years. After this, you may be eligible to apply for Indefinite Leave to Remain and eventually permanent residence.

Partners of visa holders

If your partner is also on a visa, you may be eligible to apply for a Dependant visa. The specific rules will depend on your partner’s visa type. Students (other than those studying for a PhD) are not eligible to sponsor dependants. Those in the UK on a Dependant visa may be eligible to apply for Indefinite Leave to Remain after five years (this does not include time on a Student visa).

Alternatively, if you have spent a significant amount of time in the UK on a Student visa, in some cases, you may be able to combine this with time spent on a Partner or Dependant visa to reach Indefinite Leave to Remain under the Long Residence route.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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