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Options to marry Brit?? Currently on Tier 4 DES visa

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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cmk
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Joined: Tue May 16, 2017 3:42 pm

Options to marry Brit?? Currently on Tier 4 DES visa

Post by cmk » Tue May 16, 2017 4:11 pm

Hello all, I'm new to this board so I was hoping I could get some advice from you fine people :)

I am currently in the UK on a Tier 4 visa (Doctorate Extension Scheme - as I finished my PhD in the UK and applied for this visa that allows me to stay in the country for 12 months looking for work). I have been applying for jobs in the hopes that I can find a job that will ideally sponsor me for a switch to Tier 2 on a work visa, however it's been months of applications since I finished my PhD and all to no avail so far..

I am in a relationship with a British man, who I have known and been friends with for 10 years (we met during our undergrad as we both studied in London), but we only started dating in November 2016 and I have only officially been living with him since March 2017 (in terms of the date on the tenancy agreement). We are so in love and we speak about marriage and since we are both in our 30's, we are interested in getting married and starting a family sooner rather than later..we wasted too much time just being friends! ;) Haha.

My Tier 4 Doctorate Extension Scheme visa expires end of April 2018. I know there is still a chance I could get a job before this, that may sponsor me to work and then we could get married a bit later. However I was wondering what the options were in terms of marriage:

1. Can I get married (civil ceremony) to him whilst on my current visa (Tier 4 Doctorate Extension Scheme), and then apply to switch to a visa that would allow me to remain in the UK after we got married? If possible, this would all need to be done before end of April 2018 I assume? Is this feasible?

2. Does it make more sense to return to the USA sometime next year, temporarily, and then come back to the UK on a Fiancee visa to marry him? Would this take a long period of time? I have seen this, but do not understand then if I have to leave again after we are married and apply to come back from the USA or if I can stay once we are married and switch from the Fiancee visa to a visa that would allow me to remain in the UK?

3. I realise there is also an option for him to come to the USA if I returned there, temporarily, next year and for us to get married in the USA if he came on a tourist visa, is that right? But then is the process of trying to get a visa for myself to go to the UK and settle there with him once married then going to be more difficult/take a long time?

I realise that's a lot of questions! But I am wondering what our best options are, in terms of what we should consider. We want to stay in the UK and we ideally wouldn't want to be forced to be apart too long, if possible, during the whole process whatever it may be. Also, in terms of finance he is fine in regards to meeting the threshold to support me if I was to settle in the UK with him as his spouse.

Thanks for any help/advice/personal stories that are relevant!

xxx

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Casa
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Re: Options to marry Brit?? Currently on Tier 4 DES visa

Post by Casa » Tue May 16, 2017 4:19 pm

You can marry in the UK at any time before your current visa expires and then apply to switch to a spouse visa - form FLR(M).

However, as a non-British national you can only register your intent to marry with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the registration period from 28 to 70 days in order to interview you both (should they choose to do so) before the wedding can go ahead. Not all couples are interviewed.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

cmk
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Posts: 5
Joined: Tue May 16, 2017 3:42 pm

Re: Options to marry Brit?? Currently on Tier 4 DES visa

Post by cmk » Wed May 17, 2017 12:02 pm

Thanks so much for your help! I guess we just have to make sure we plan it all out ahead of time in case the notice period got extended, like you say, so that we had time to marry and then for me to switch to FLR(M) before my current visa expires next April. But we have a lot of time till then, so it might be time to start planning :) Thank you!

saleemkhan1
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Joined: Thu May 11, 2017 9:03 pm

Re: Options to marry Brit?? Currently on Tier 4 DES visa

Post by saleemkhan1 » Wed May 17, 2017 9:55 pm

If you are here in the UK for ten years or more, you then do not need to rely on marriage settlement, you should apply straightaway for ILR.

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