Switching from Tier 4 Visa to Spouse Visa?

[Drifter25]

Hello everyone.

I am currently living in the UK on a Tier 4 General Student Visa. I have recently just finished my MA studies and as a result my visa has been curtailed. I still have not received a letter but a helpful individual on these boards have told me that it will most likely be curtailed to 19/09/2016. I can't find work to sponsor me and every other option is not available to my situation so me and my girlfriend of 5 years have been thinking of getting married so that I can stay in the UK.

One of the reasons I chose to study my masters in this country was so we can live together (finally) and it went well until I was told I needed to get ready to leave due to early completion of studies. I originally thought I would have 6 month to find work but now it is less than 60 days.

Can someone tell me whether or not this is possible given my limited time. Can I do this in the UK during my Tier 4 visa or would I have to return to my home country (US)? She is a European (Greek) and has been working in the UK for about 4 years now and is employed at two universities. Also how would we go about getting engaged in the first place? There seems to be so much information about these things but I am constantly confused with these visas.

Thank you

[noajthan]

Yes, migration is confusing and complex;
there could be a dissertation in there somewhere.

If your Union citizen wife to be is exercising treaty rights you could get married and jump ship to EU migration route.

Due to Brexit it won't take you all the way to PR (there won't be time) but it may be worth a look.
Especially if you can't make it on Tier2.

EU freemovement (courtesy of EEA spouse/sponsor) will give you right to reside, work and/or study; how cool is that!

Just visit Registrar to give notice of marriage (unless you fancy Vegas or a Greek island).

[Casa]

How you 'get engaged' or 'pop the question' is entirely up to you. However, the process of getting married is another matter.

As foreign nationals you are required to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can take place.

From you post, it appears that you won't have time to marry in the UK and may have to look at marrying in the US.

[Drifter25]

How you 'get engaged' or 'pop the question' is entirely up to you. However, the process of getting married is another matter.

As foreign nationals you are required to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately should they choose to do so, before the wedding can take place.

From you post, it appears that you won't have time to marry in the UK and may have to look at marrying in the US.

Okay the 28 days is where it gets a bit confusing. So from you guys are saying, it is possible to get married in the UK while having a Tier 4 Visa but I would need enough time for HO to interview us within 70 days if they were to extend the notification period. What about the 6 month extension (Marriage visitor visa)? Can I only get that after we are interviewed?

[noajthan]

Okay the 28 days is where it gets a bit confusing. So from you guys are saying, it is possible to get married in the UK while having a Tier 4 Visa but I would need enough time for HO to interview us within 70 days if they were to extend the notification period. What about the 6 month extension (Marriage visitor visa)? Can I only get that after we are interviewed?

Marriage visit visa is just to marry then leave UK.
The name gives it away really.

If EU option doesn't float your boat look at fiance and/or spouse visas.

[Casa]

You can only apply for a Marriage Visitor visa from outside of the UK and after marrying within 6 months you would have to leave the UK. You're probably confusing this with a Fiance visa, which also has to be applied for from outside of the UK.
A Marriage Visitor visa is £85
A Fiance visa is £1195.
However these don't apply to you if you're applying under EEA regulations. Does your girlfriend have Permanent Residence (PR)?

Edit: Beaten once again by noajthan!

[Casa]

I see from your opening post that your girlfriend has only been in the UK for 4 years, which means she doesn't yet have PR. In which case I don't believe you have the option of applying for a fiance or spouse visa under UK Immigration Rules.

However, not so bad as the costs are far higher than the fees for an EEA Family Permit.

[Drifter25]

Ahh man, so much information. Thanks for the feedback guys.

We will probably just get married in the US in December then. We were trying to keep this as an option but it doesn't look like we have any other choice but for me to leave.

[noajthan]

I see from your opening post that your girlfriend has only been in the UK for 4 years, which means she doesn't yet have PR. In which case I don't believe you have the option of applying for a fiance or spouse visa under UK Immigration Rules.

However, not so bad as the costs are far higher than the fees for an EEA Family Permit.

Good catch Casa. You could give one or two world class relay teams a run for their money.

GF of 5 years but in UK only 4 years. So cannot sponsor under UK rules.

Apart from all other charms, GF's saving grace is (hopefully) exercising treaty rights.
So a switch to EU trajectory is still on the table.
Viva free movement!