Tier 5 & Marriage

[Delaine]

Good afternoon all.

A colleague of mine is in the UK under Tier 5 Creative and Sporting, and now wishes to marry. However his Certificate of Sponsorship expires in December. Just been discussing it and he wondered whether, if he marries and then makes marriage application to UKBA, is he here legally whilst awaiting outcome of marriage application? Or will he become 'illegal' once December has passed due to expiry of CoS, so should then go home while awaiting decision on his marriage application? I dont know the answer at all but am sure someone on here will, so any clarification would be gratefully appreciated. Thank you.

[geriatrix]

Or will he become 'illegal' once December has passed due to expiry of CoS

Yes.

Unable to comment how a CoA application is treated (valid / invalid) when the applicant leaves UK on expiry of his leave. Please wait for others to throw some light on this.


regards

[The Station Agent]

Firstly does the friend have an entry visa (Residence Permit) vignette in their passport or did they enter on the 3-month concession without an entry visa?

If they have an entry visa and they make an application to vary / extend their stay before that expires then they are generally allowed to stay while the new application is being considered. If they apply for approval to marry, but they haven't actually married by the time his leave expires, then the new application to vary the leave (based on the marriage) would be made too late and would fall for refusal.