Switching from Tier 2 to Spouse Visa

[workingandwaiting]

Hello, I am American and my fiance is British. We have been together 7 years, but living together for 1 year in the UK since I am on a Tier 2 Visa (Tier 2 Visa started Oct 15th, 2018).

We are planning our wedding in the US next September (2020), but because the time in country for ILR resets, we are thinking about getting married in the UK (small ceremony) soon and then applying for the spouse/family visa before the actual wedding next year, so I can start accumulating time on a spousal visa.

Does anyone know the process/timelines for in-country Spouse Applications? Do I still need to send my passport away for an indefinite period of time?

[CR001]

Does anyone know the process/timelines for in-country Spouse Applications?

Standard service is 8 weeks. Super priority is usually within 24 hours and costs an extra £800 on top of the £1033 visa fee and £1000 IHS fee.

Do I still need to send my passport away for an indefinite period of time?

No. Everything is scanned and uploaded online through the ukcvas service.

[workingandwaiting]

Okay, so if I don't pay for the priority processing, I can still keep my passport for those 8 weeks. Is that correct?

[CR001]

Okay, so if I don't pay for the priority processing, I can still keep my passport for those 8 weeks. Is that correct?

Correct. You cannot travel out of the UK though.

[workingandwaiting]

Thanks! Since I am out of my home country, if I want to change my name, that would have to happen before applying for the spousal Visa, correct?

And then I would apply to the Visa in my new name?

So it would be 28 days notice to HO for marriage, submit marriage certificate back to the US to change name, and then use the new name to apply for the UK family visa (either super priority on the spot, or 8 weeks processing).

Does anyone know how difficult it is to change your name on a Visa later on? Say if I didn't want to change my name until after my American wedding next Autumn?

[CR001]

Thanks! Since I am out of my home country, if I want to change my name, that would have to happen before applying for the spousal Visa, correct?

And then I would apply to the Visa in my new name?

Correct yes and you would have to change your passport, which I am sure you can do at the Embassy within the UK. If you don't change your name, and there is no legal requirement to do so, your visa will be issued in your maiden name.

So it would be 28 days notice to HO for marriage, submit marriage certificate back to the US to change name, and then use the new name to apply for the UK family visa (either super priority on the spot, or 8 weeks processing).

You are both required to attend an HO approved Registry office to give the 28 days notice with your passports and visa. The Registry office then inform Home Office who could extend the notice period to 70 days to interview or investigate before they give you permission to marry. Only once you have HO approval, can you then marry in the UK.

Does anyone know how difficult it is to change your name on a Visa later on? Say if I didn't want to change my name until after my American wedding next Autumn?

You would still need to change your passport and then change your BRP card within 3 months of the name change. Again, how long that takes depends on the service you choose. A replacement BRP card etc costs over £200 as far as I am aware.

[workingandwaiting]

Okay, final question (I think). Does any part of the process change if we get married in the states? We are going home for Christmas and now I am thinking that might be easier than dealing with the HO and interviews (28 days to 70, etc).

[CR001]

If you marry in the states you simply apply for the spouse visa when you return.