Switching from Tier 4 to spouse visa with little time!

[BriKH]

Hello! I am in a bit a of panic so any advise would be helpful.

I have been in the UK from the US under a Tier 4 visa for 6 years (3 years undergrad, 3 years postgraduate research). I recently completed my last degree, and my visa expires December 31st of this year.

Meanwhile, I have been with my boyfriend (UK citizen) the last three years. He proposed at Christmas, and we want o give notice to marry.

I know I have a 28 day grace period to either put in another application or get my stuff together to go, so effectively, I need to have things sorted by January 28th. I realise there is a 28-day notice period for marriage so even if we give notice this week, assuming everything could be done quickly it is still cutting it tight. Would it look bad if I submitted an application January 27th for a spouse visa? We would have everything we need - appropriate paperwork (we've been living together for nearly two years and the house is in both our names' which should help) and he is on an appropriate salary to support us as per the guidelines.

And assuming things do not move quickly, despite giving notice, Will I still have to leave by January 28th or is it better to stay and apply on a fiancee visa?

I think I am just worried if I did have to go back to the states and come back because I am even more confused as to what I would need to do to come back to the UK to actually get married without being denied entry. I think watching "UK Border Force" has me paranoid

Sorry for the long post! I hope it is enough information. Thank you!

[secret.simon]

The notice period for a marriage where one of the participants is a non-EEA citizen can be extended by the Home Office to 70 days.

Also, you must give notice in a Home Office designated registry.

Also see: https://www.gov.uk/marriages-civil-part ... n-national

[Casa]

Hello! I am in a bit a of panic so any advise would be helpful.

I have been in the UK from the US under a Tier 4 visa for 6 years (3 years undergrad, 3 years postgraduate research). I recently completed my last degree, and my visa expires December 31st of this year.

Meanwhile, I have been with my boyfriend (UK citizen) the last three years. He proposed at Christmas, and we want o give notice to marry.

I know I have a 28 day grace period to either put in another application or get my stuff together to go, so effectively, I need to have things sorted by January 28th. I realise there is a 28-day notice period for marriage so even if we give notice this week, assuming everything could be done quickly it is still cutting it tight. Would it look bad if I submitted an application January 27th for a spouse visa? We would have everything we need - appropriate paperwork (we've been living together for nearly two years and the house is in both our names' which should help) and he is on an appropriate salary to support us as per the guidelines.

And assuming things do not move quickly, despite giving notice, Will I still have to leave by January 28th or is it better to stay and apply on a fiancee visa?

I think I am just worried if I did have to go back to the states and come back because I am even more confused as to what I would need to do to come back to the UK to actually get married without being denied entry. I think watching "UK Border Force" has me paranoid

Sorry for the long post! I hope it is enough information. Thank you!

You can't apply for a spouse visa until you are married. Marriage in the UK which involves a foreign national now requires you to register your intention to marry at a Home Office designated Registry Office. The Registrar is now legally bound to notify the Home Office who can then if they choose, extend the registration period from 28 to 70 days in order to interview you both before the wedding can take place.
An unmarried partner visa application may succeed if you are very close to the 2 year co-habitation period if you can submit documented evidence that you have been living together in a relationship akin to marriage.
You are unable to apply for a fiance visa from within the UK, this would have to be submitted from the US.

[CR001]

Due to your current visa expiring in 4 days, it could be viewed as a ruse to apply in another category to continue your stay in the UK. Given that you could apply form the US for a fiance visa, I doubt the timeframes will work in your favour and you will likely be given the extended 70 days period of notice which would then make you an overstayer. As your visa will have expired by the time HO probably interview you, you might be denied the option to marry and asked to leave the UK.

Why have you not married and sorted this out earlier than now?

Edit : beaten by Casa

P.S. what happened to the Tier 2 route your were exploring? Tier 2 General and Sub Tiers (click)

[Casa]

I wouldn't recommend submitting a FLR(M) application after your current visa has expired.

[CR001]

I wouldn't recommend submitting a FLR(M) application after your current visa has expired.

+1

Casa, what is the likelihood if the OP does submit FLR(M) after current visa expires that HO issue visa based on 10 years partner route?

[BriKH]

Due to your current visa expiring in 4 days, it could be viewed as a ruse to apply in another category to continue your stay in the UK. Given that you could apply form the US for a fiance visa, I doubt the timeframes will work in your favour and you will likely be given the extended 70 days period of notice which would then make you an overstayer. As your visa will have expired by the time HO probably interview you, you might be denied the option to marry and asked to leave the UK.

Why have you not married and sorted this out earlier than now?

Edit : beaten by Casa

P.S. what happened to the Tier 2 route your were exploring? Tier 2 General and Sub Tiers (click)

Oh sorry I tried to make it clear that I do realise the whole "28 day grace period and you're out" deal. I will not stay beyond January 28th, but just wanted to know what the options were. I will not overstay because I do not want to ruin things. It's not worth it.

I spoke to the home office before who said I could apply for a new visa in that 28 days. I was hoping to find a job under tier 2 and have had NO luck there, but the boyfriend proposed. We wanted to do things right and not rush it. If it means I have to leave the UK and come back on a fiancee visa so be it, even though it's so expensive (Flying back, paying for the visa, then paying for the new spouse visa), but I just wanted to know what the options were, since we're hoping to give notice before I have to go if it comes it that (which looks like it will).

Thank you for the advise.

[secret.simon]

Why have you not married and sorted this out earlier than now?

He proposed at Christmas

The boyfriend, being a British citizen, probably had not realised how convoluted and strict the Immigration Rules are.

I concur with CR001 and Casa, given that the visa expires in four days time, it would be best to return to the US before any further action.

Consider getting married in the States and applying for a spouse visa from there.

Any illegal overstay (within 28 days, they could be disregarded, but you will still be classed as an illegal overstayer) can impact future visa and citizenship applications and should be avoided as far as possible.

[Casa]

Open to other views, but I can't see that a 10 year partner route visa would be granted:
You must meet the eligibility requirements for the partner routes and you must also be in one of these situations:
there are serious reasons you and your partner can’t live together as a couple in another country
you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it wouldn’t be in their best interests to leave the UK with you

[Wanderer]

Does your BF earn the required £18,600 pa and has he done for the last 6 months?

[BriKH]

Why have you not married and sorted this out earlier than now?

He proposed at Christmas

The boyfriend, being a British citizen, probably had not realised how convoluted and strict the Immigration Rules are.

I concur with CR001 and Casa, given that the visa expires in four days time, it would be best to return to the US before any further action.

Consider getting married in the States and applying for a spouse visa from there.

Any illegal overstay (within 28 days, they could be disregarded, but you will still be classed as an illegal overstayer) can impact future visa and citizenship applications and should be avoided as far as possible.

My graduation is January 26th. This is why I called the Home Office int he first place and asked for advise to which they told me about the 28 day grace period and that I would NOT be classed as an overstayer as long as I was out by January 28th. I had also asked if that was a time I could also apply for a Tier 2 visa given I had found a job and they said yes (of course, that never happened, but that is why I assumed it was ok to submit an application during that time).

[BriKH]

Does your BF earn the required £18,600 pa and has he done for the last 6 months?

Yes he has.

[CR001]

How long exactly have you and your boyfriend been living together?

An unmarried partner visa might be the easiest way for you given your very short visa validity.

You should not rely on advice given by the HO call centre, they are known for giving incorrect advice and take no responsibility either. They are not always trained immigration advisors and many calls to different call handlers will give you completely different advice.

[BriKH]

How long exactly have you and your boyfriend been living together?

An unmarried partner visa might be the easiest way for you given your very short visa validity.

Although together for longer, we've been living together for 20 months! We just miss out by 4 months. It was something I had considered but think we are too far out to chance it.

[secret.simon]

As others on these forums will attest, the Home Office helpline is not wholly reliable when it comes to immigration advice. I would not rely on it.

[secret.simon]

@CR001, if the OP and her boyfriend have stayed 20 months together in the UK, can they do Surinder Singh with just four months in another EEA country?

[BriKH]

As others on these forums will attest, the Home Office helpline is not wholly reliable when it comes to immigration advice. I would not rely on it.

It is horrible to think they would give me wrong advise as to something like this? I am now at such a loss at what to do.

[Casa]

@CR001, if the OP and her boyfriend have stayed 20 months together in the UK, can they do Surinder Singh with just four months in another EEA country?

We're now beginning to see SS refusals (even if unlawful) citing 4 months insufficent to prove Centre of Life...so not a recommended route...apart from the fact that the OP's fiance has permanent employment, which he would lose by moving to another EU state. Especially when it would appear that a fiance visa from the US would be a straightforward application.

[BriKH]

@CR001, if the OP and her boyfriend have stayed 20 months together in the UK, can they do Surinder Singh with just four months in another EEA country?

We're now beginning to see SS refusals (even if unlawful) citing 4 months insufficent to prove Centre of Life...so not a recommended route...apart from the fact that the OP's fiance has permanent employment, which he would lose by moving to another EU state. Especially when it would appear that a fiance visa from the US would be a straightforward application.

If fiancee visa is the best (albeit expensive) route, how soon can I apply for it when I get back to the US to have the best chance of it being granted? (I didnt know if it would look bad if I applied right away) Also, is it still worth putting in notice to get married before I leave for the US, as it might help the fiancee application as proof?

[CR001]

You can apply for a fiance visa as soon as you arrive back in the UK provided you have all the required documents to support your application and proof of intending to marry within the 6 months validity of your fiance visa.

I don't see how giving notice now if you intend to leave the UK would work as you will not be a legal resident in the UK and not here should HO choose to interview you.

[Casa]

You can apply straight away as long as you can submit your fiance's last 6 months bank statements and pay slips, together with a letter from his employer on company letterhead confirming the salary and terms of employment. Also submit a copy of your mortgage agreement to show adequate accommodation.
It would be a good idea to register your intent to marry before leaving if you are able to.

Edit: pipped by CR001 this time

[Casa]

You can apply for a fiance visa as soon as you arrive back in the UK provided you have all the required documents to support your application and proof of intending to marry within the 6 months validity of your fiance visa.

I don't see how giving notice now if you intend to leave the UK would work as you will not be a legal resident in the UK and not here should HO choose to interview you.

I think CR001 means 'as soon as you arrive back in the US'

[CR001]

You can apply for a fiance visa as soon as you arrive back in the UK provided you have all the required documents to support your application and proof of intending to marry within the 6 months validity of your fiance visa.

I don't see how giving notice now if you intend to leave the UK would work as you will not be a legal resident in the UK and not here should HO choose to interview you.

I think CR001 means 'as soon as you arrive back in the US'

I do indeed mean 'US'

[BriKH]

Right, so from your suggestions I am getting:

It is best to leave the UK and apply to come back on a Fiancee visa (or have my fiancee get married in the US)

Fiancee visa is £949 plus £100 healthcare surcharge (as it is six months).

Then come to UK, register intent to marry at designated registry office, get married, pay £649 plus more in healthcare surcharge (£600 I think).

Apart from his pay slips showing appropriate salary, which we have, and letter from his employer, which we will get, as well as our tenancy agreement, is there anything else I need to submit as "proof" of our intent to marry?

I am still confused as to what to do about my graduation, which I feel I will now miss out on because of this and potentially wrong information given from the Home Office, but above all, I want to be with my guy so if it means missing it so be it.

And of course, thank you all for the help.

[Casa]

Right, so from your suggestions I am getting:

It is best to leave the UK and apply to come back on a Fiancee visa (or have my fiancee get married in the US)

Fiancee visa is £949 plus £100 healthcare surcharge (as it is six months). £956 - no NHS surcharge required at this stage.

Then come to UK, register intent to marry at designated registry office, get married, pay £649 plus more in healthcare surcharge (£600 I think). £500 NHS surcharge

Apart from his pay slips showing appropriate salary, which we have, and letter from his employer, which we will get, as well as our tenancy agreement, is there anything else I need to submit as "proof" of our intent to marry? Quotes from wedding venue, caterers etc.

I am still confused as to what to do about my graduation, which I feel I will now miss out on because of this and potentially wrong information given from the Home Office, but above all, I want to be with my guy so if it means missing it so be it.

And of course, thank you all for the help.