Immigration advice needed

[G_angel]

Hello,
My fiancee is British and am asian. am currently on a tier 4 visa expiring by the end of this month. We were thinking of applying for a fiancee visa to join my partner(from my country) get married in UK and then switch to the spouse visa. Is this possible? IS marriage visitor visa different from a fiancee visa? and can I apply to extend my visa to remain as an engaged partner and get married? The following link says I can extend my stay to get married? Please advice as I am truly confused!
https://www.gov.uk/join-family-in-uk/extend-your-visa

[Casa]

As long as you marry in the UK before your current Tier 4 visa expires, after the wedding you can switch to a spouse settlement visa on form FLR(M). However, bear in mind that a marriage involving a foreign national must be registered at a Home Office approved Registry Office. The Registrar is then legally bound to notify the Home Office of your intention to marry. They can then extend the notification period from 28 to 70 days if they choose to do so, in order to interview you both before the wedding can take place. Not all couples are interviewed.

[G_angel]

As long as you marry in the UK before your current Tier 4 visa expires, after the wedding you can switch to a spouse settlement visa on form FLR(M). However, bear in mind that a marriage involving a foreign national must be registered at a Home Office approved Registry Office. The Registrar is then legally bound to notify the Home Office of your intention to marry. They can then extend the notification period from 28 to 70 days if they choose to do so, in order to interview you both before the wedding can take place. Not all couples are interviewed.

Hi,
Thanks for the reply, my visa is expiring in a week, that is not enough to give notice and get married isn't it? that is why we are trying to look for alternative options and is there a way to extend my stay in order to get married?

[Wanderer]

As long as you marry in the UK before your current Tier 4 visa expires, after the wedding you can switch to a spouse settlement visa on form FLR(M). However, bear in mind that a marriage involving a foreign national must be registered at a Home Office approved Registry Office. The Registrar is then legally bound to notify the Home Office of your intention to marry. They can then extend the notification period from 28 to 70 days if they choose to do so, in order to interview you both before the wedding can take place. Not all couples are interviewed.

Hi,
Thanks for the reply, my visa is expiring in a week, that is not enough to give notice and get married isn't it? that is why we are trying to look for alternative options and is there a way to extend my stay in order to get married?

No way! Sorry, you need to post banns etc, absolutely impossible, you left it far too late....

[CR001]

You asked the same question in mid January and were given the same advice. Asking again will not change the process you have to follow.

http://www.immigrationboards.com/immigr ... l#p1291775

I am assuming you have also had no luck with a sponsor.

http://www.immigrationboards.com/uk-tie ... l#p1289749

[Obie]

How long has the relationship been in existence?

[Casa]

How long has the relationship been in existence?

The OP wrote in an earlier thread "My partner is British and we have been together for about a year."

[G_angel]

You asked the same question in mid January and were given the same advice. Asking again will not change the process you have to follow.

http://www.immigrationboards.com/immigr ... l#p1291775

I am assuming you have also had no luck with a sponsor.

http://www.immigrationboards.com/uk-tie ... l#p1289749

No, I did not, and this page below is the reason I have asked if there is a "fiance visa" where you apply to get married to your partner and then switch to a spouse visa (as the marriage visitor visa doesn't allow you to switch into spouse after marriage). The page states
-Your initial stay will be:

33 months if you applied as a partner (27 months if you applied before 9 July 2012)
[color=#FF0000]6 months if you applied ... er[/color]
as long as your parent’s stay if you applied as a dependent child or to join a parent with sole responsibility for you
without time limits if you applied to join 2 British or settled parents
30 months if you applied as a parent

https://www.gov.uk/join-family-in-uk/extend-your-visa

This is why I want to know if there is a way to extend my tier 4 into a visa to get married.

[Casa]

You would have to apply for a fiance visa from your home country, marry within 6 months in the UK and then switch to a 2.5 year spouse visa. That's assuming your fiancee meets the minimum income level of £18,600 or have savings of over £16,000 to make up any shortfall. Savings must be held in an accessible account for at least 6 months. Without income, £62,500 in savings would be required.

[G_angel]

You would have to apply for a fiance visa from your home country, marry within 6 months in the UK and then switch to a 2.5 year spouse visa. That's assuming your fiancee meets the minimum income level of £18,600 or have savings of over £16,000 to make up any shortfall. Savings must be held in an accessible account for at least 6 months. Without income, £62,500 in savings would be required.

Hi,Thanks for the reply, the finances are fine, so does this mean I can apply to switch from a fiancee visa to a spouse after marrying without having to go back to my country?

[Casa]

You would have to apply for a fiance visa from your home country, marry within 6 months in the UK and then switch to a 2.5 year spouse visa. That's assuming your fiancee meets the minimum income level of £18,600 or have savings of over £16,000 to make up any shortfall. Savings must be held in an accessible account for at least 6 months. Without income, £62,500 in savings would be required.

Hi,Thanks for the reply, the finances are fine, so does this mean I can apply to switch from a fiancee visa to a spouse after marrying without having to go back to my country?

Yes if you enter on a fiance visa, the switch to spouse can be made in the UK after the wedding.

[Obie]

You could get married during currency of visa and vary leave after marriage, provided s decision has not been reached. I

[Casa]

You could get married during currency of visa and vary leave after marriage, provided s decision has not been reached. I

Obie the OP doesn't have time to marry...his current visa expires in a week.

[Obie]

I noted that.

My advise is founded on the fact that OP may apply for FLR (FP) on the basis of his partner and that application could take about 3 months to process , and after their marriage, which could take place after 70 days notice or before, they could vary leave to FLR (M), which seems lawful .

[Casa]

Wouldn't it just be simpler to return to his home country, apply for a fiance visa as they appear to meet the conditions, re-enter and marry, apply for FLR(M). Bob's your uncle as the saying goes.

[Obie]

Well it is up to OP . I am merely expressing my views.

I certainly will not go for that option. It makes little sense to me financially.

I will rather married overseas and apply for spouse visa their than applying for fiance visa.

Given the fact that some post are taking months to process visa, it make little sense to me.

But it is OP'S choice. She is at liberty to take what ever option seems appropriate.

But I very much agree with you and other posters thar fiancee visa cannot be applied for within UK.

[Casa]

I generally take the view that couples should weigh up the cost of flights against the cost of two separate visa applications. Surely the application time for a spouse visa would be the same as a fiance visa when both will be submitted in the home country?

[Obie]

I generally take the view that couples should weigh up the cost of flights against the cost of two separate visa applications.

In circumstances where a person does not have an appalling immigration history, and have extent visa which was previously issued for a period of more than 6 month, and it is open to renewal, the public policy of the UK does not require them to apply from overseas, and it sort of makes little sense for me to suggest that, provided of course the marriage is not one of convenience.

[Casa]

I'm calling it a night now, but I understood that the OP's visa is not renewable...which is the crux of his problem, hence the marriage.