azz1844 wrote:Hi,
I am a UK citizen planning to marry a non-EEA/non-EU national in September. She is currently in the UK studying a Masters degree, and as such is on a Tier 4 visa (which runs until January 2018) and has a BRP card.
Our original plan had been to move her over to a spouse visa once we are married, however a friend of mine suggested that, if we are married and she has a BRP card, she can simply apply for residency on the basis that she is married to a UK citizen and is already in the country. Is there any truth to this, and, if so, what is the process?
Many thanks in advance for any help you can offer.
Regards
Azz
I've moved this to the correct sub-forum.
Your friend is misguided. Once you are married your wife can submit a FLR(M) application, assuming you meet the minimum income level of £18,600 p.a. Earnings can be joint as long as she isn't working in access of her permitted 20 hours per week.
Bear in mind that this will re-set her immigration clock to zero, putting her on a 5 year route to settlement (2.5 + 2.5 years).
The FLR(M) visa fee is £993 (postal) or £1523 for a premium in-person application. She will also have to pay the NHS surcharge of £500 in addition to the visa fee.
If you are intending to marry in the UK you will have to give notice at a Home Office designated Registry Office. The Registrar is 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 before the wedding can go ahead should the choose to do so. Not all couples have the notification period extended or are required to attend an interview.
https://www.gov.uk/government/uploads/s ... -04-17.pdf
