Tier 4 - Marrying a British Citizen

[S_HB2308]

Hi guys,

I was wondering if you could please help / advice.

My partner is currently here on a Tier 4 (student) visa from India. He is studying for this Masters on London. The course is almost over and he will pass.
His visa expires on SEPTEMBER 1st, 2020.

We met each other at the start of the year and wish to marry. He is extremely educated and has fluent English.

The issue is that I am now panicking and unsure if we can marry.

He has been to a solicitor to who told him the following:

As he is already in the UK, it would be straight forward. We will first apply to get married at the Registrar , they will then contact the Home Office who usually take up to 70 days. If they say yes, we can marry and then apply for this visa (spouse visa) - the solicitor said the spouse visa can be granted within 45 days.

Our relationship is genuine and we can prove this. However, what sort of questions could the HO ask and at what point?
Also, what is the likelihood of him actually getting the spouse visa as long we are genuine?

He is also looking to apply for jobs in case some Employer could sponsor him but it is so difficult.

Thanks,
S

[CR001]

The advice you have been given is correct.

Getting the spouse visa depends on whether you meet the requirements or not. Do you earn a minimum of £18,600pa?

It is not difficult to switch to a spouse visa. You also are unlikely to be interviewed.

[S_HB2308]

The advice you have been given is correct.

Getting the spouse visa depends on whether you meet the requirements or not. Do you earn a minimum of £18,600pa?

It is not difficult to switch to a spouse visa. You also are unlikely to be interviewed.

Thanks for your reply.

Yes , I earn more than that... towards 30k.
They may still interview to see if we are genuine?

Guys, please keep advising. Just an update, he is in London, I am in Birmingham. We intend to move in together once everything is sorted.

[CR001]

They may still interview to see if we are genuine?

If HO have any concerns, it will likely be raised BEFORE granting permission to marry. At FLR(M) visa stage, interview are very rare.

Guys, please keep advising. Just an update, he is in London, I am in Birmingham. We intend to move in together once everything is sorted.

You are perhaps overthinking this process. If you meet the requirements and you are married, it is really not a complicated or difficult application to make. 1000s have done it.

[S_HB2308]

Thank - you.

If he's visa expires on 1st September 2020, when is the best time to start the application and apply for the marriage?

I heard that the Registrar can take up to 70 days then when you apply for the visa, it takes around 45 days.

Thanks
S

[CR001]

You need to give notice to marry when you feel you are ready to do so. The visa process is separate to this and can be done once you are married and before current visa expires.

If you pay an extra £800 for the visa super priority service, you get a decision within 24 hours usually.

[S_HB2308]

You need to give notice to marry when you feel you are ready to do so. The visa process is separate to this and can be done once you are married and before current visa expires.

If you pay an extra £800 for the visa super priority service, you get a decision within 24 hours usually.

Thanks.

This has all really helped.

Does it matter if we have different addresses to begin with? As are Muslim and cannot live together until we are married Islamically, plus being in different cities doesn't help.

[CR001]

No it does not matter.

[S_HB2308]

Hi all,

Thanks for the above, it has really put my mind at ease.

The only issue I have is that on the direct gov website it says that one of the eligibility criteria for the spouse visa is to prove that you are staying together.
Obviously when we apply for the marriage, addresses can be different but it is going to be very difficult to find a place together right away, also, being of a different faith, we cannot really live together until we have a religious ceremony which we can do towards the end of the year.

Issue is that his visa expires on 1st Sept.

On the plus side, I have receipts of each time we have met, eaten out and I also have lots of pictures of us together.

[iwolga]

The only issue I have is that on the direct gov website it says that one of the eligibility criteria for the spouse visa is to prove that you are staying together.

This is not an issue for the first time application for married partners.

Obviously when we apply for the marriage, addresses can be different but it is going to be very difficult to find a place together right away, also, being of a different faith, we cannot really live together until we have a religious ceremony which we can do towards the end of the year.

As you will be your husband's sponsor, you will need to be able to demonstrate a place where you are going to be living together. This needs to be done before you apply for his visa but can be done after your marriage.

Issue is that his visa expires on 1st Sept.

This is not an issue yet. You have 8 months.

On the plus side, I have receipts of each time we have met, eaten out and I also have lots of pictures of us together.

Great, your application will look stronger with these pieces of evidence.

[S_HB2308]

Hi all,
So I wanted to give you an update.

We went to see the solicitor and he advised us to call the Register Office and give notice first.
I called them up and the earliest date for us to go in and give notice is the 19th February 2020. It will then take 70 days from the next working day for the Home Office to make a decision.
The marriage notice will go to the Home Office for sure as he is an Indian citizen.

I asked the solicitor everything I needed to but I felt the consultation was a bit rushed and I am still a little confused about a few things.

70 days from the day of us giving notice works out to be the end of April. If the Home Office say yes, we will then need to call the Register Office and get a date to marry, this will be in May or even June if they are busy.

The thing is, my partner's visa expires on 1st September 2020 so I am just a little worried about the timeline of this all. (does my partner need to have a certain amount of time left on his visa?)
The solicitor said that we should see him as soon as we marry so that nothing is delayed.

Another concern I have is accommodation because we cannot live together straight away (due to religious reasons and the fact that our Registry marriage will fall in Ramadan) – can we show that we have the same tenancy agreement? If we marry and apply for the visa within the next few days, how will be change our address etc to be the same?

Also, how likely is it that we will be interviewed during the 70 days process? Also, does it definitely take 70 days if one spouse is a foreign national or is there a chance of a decision to be made earlier?

[CR001]

(does my partner need to have a certain amount of time left on his visa?)

No there is not. The visa must be valid when switching categories.

The notice period at the registry is 2i days. It is only extended to 70 by HO if they feel they have to investigate and/or interview each of you separately.

There is no requirement to show proof of cohabitation if switching to a spouse visa as Newly married.

[S_HB2308]

Oh ok, thanks. I was under the impression that as he is an Indian National, the Home Office will definitely investigate. - I was told that the Register Office will tell the Home Office and then I will have to wait 70 days no matter what.

So if we are newly married, we don't have to show we live together? Again, do they want to see proof of where we intend to live?

As soon as the Home Office say we can marry, we will go to the solicitor so he can help us apply for the Visa because I rather see a professional than fill in the forms myself.

[TODMATT]

Oh ok, thanks. I was under the impression that as he is an Indian National, the Home Office will definitely investigate. - I was told that the Register Office will tell the Home Office and then I will have to wait 70 days no matter what.

So if we are newly married, we don't have to show we live together? Again, do they want to see proof of where we intend to live?

As soon as the Home Office say we can marry, we will go to the solicitor so he can help us apply for the Visa because I rather see a professional than fill in the forms myself.

The application is much straightforward than you think. You can do it yourself with the help of the forum and the information you provide to your solicitor is what they will into your application form so why no invest time and do it yourself.

[S_HB2308]

Yes, I have had a look at the application online and it does appear that I can do it myself but just wanted to speak to the experts I guess.

We were thinking of paying for the priority service.
It's just that the FLM(R) form online seems so complicated.

I am still confused if they will take 70 days or if they feel there is no reason to investigate, they can take 28 instead even if my partner is on a Tier 4 visa.

Thanks
S

[TODMATT]

Yes, I have had a look at the application online and it does appear that I can do it myself but just wanted to speak to the experts I guess.

We were thinking of paying for the priority service.
It's just that the FLM(R) form online seems so complicated.

I am still confused if they will take 70 days or if they feel there is no reason to investigate, they can take 28 instead even if my partner is on a Tier 4 visa.

I won't be worried about this because it is NOT every notice that get investigated so as long as both of you are in a genuine relationship then you have nothing to be worried about.

Thanks
S

[S_HB2308]

Thanks dear. This has really helped us.

Was just scared that if they say we can marry and then when I apply for this spouse visa, they might reject... just worrying too much I guess.

Plus it doesn't help when you ask around and people tell you different things. Many of my family and friends have said that it will take 70 days for sure, no matter what so that is why we were worried as we don't want to waste time.

[CR001]

Plus it doesn't help when you ask around and people tell you different things. Many of my family and friends have said that it will take 70 days for sure, no matter what so that is why we were worried as we don't want to waste time.

Then stop asking random people for the 2 pence worth of advice who have no clue how HO operate. Many people do NOT get given the extended 70 days notice.

[S_HB2308]

Plus it doesn't help when you ask around and people tell you different things. Many of my family and friends have said that it will take 70 days for sure, no matter what so that is why we were worried as we don't want to waste time.

Then stop asking random people for the 2 pence worth of advice who have no clue how HO operate. Many people do NOT get given the extended 70 days notice.

Thanks - you are right.

I will keep you guys updated on the progress. *Fingers Crossed*

[luke85]

I am a British citizen and my Colombian partner and I are in a pretty identical situation. This thread has been really helpful and answered a lot of questions that I had, so thank you all for that.

We met almost 3 years ago but have never lived together, but intend to do so later in the year. We currently both live in separate house shares in London. Our appointment to give notice of our intention to form a civil partnership is in early next month and we hope to have the civil partnership in April/May. His Tier 4 visa expires in October, so we're hoping that, all being well, we can make the switch to FLR(M) after he graduates from his Masters in July.

One thing I am unclear on at this stage is the following:

"As you will be your husband's sponsor, you will need to be able to demonstrate a place where you are going to be living together. This needs to be done before you apply for his visa but can be done after your marriage."

How do we demonstrate this and what form does this evidence take exactly? If someone is able to elaborate, I would be very grateful.

[geoeng]

How do we demonstrate this and what form does this evidence take exactly? If someone is able to elaborate, I would be very grateful.

Probably better off starting your own thread for your situation please so this thread can stay for the person who started it if they have more questions.