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Getting married/expired Tier 4 visa

General UK immigration & work permits; don't post job search or family related topics!

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Claire1475
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France

Getting married/expired Tier 4 visa

Post by Claire1475 » Sat Mar 24, 2018 1:33 pm

Hi all,

My partner and I are giving notice for marriage on the 28th of March. His visa expires on the 5th of may. If the notice period is extended to 70 days will he be considered as an overstayer or is there a specific status applying to people in this situation? I'm a french citizen settled in uk (11 years) and he is from new Zealand. Many thanks in advance for your answer.

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Casa
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Re: Getting married/expired Tier 4 visa

Post by Casa » Sat Mar 24, 2018 1:41 pm

Claire1475 wrote:
Sat Mar 24, 2018 1:33 pm
Hi all,

My partner and I are giving notice for marriage on the 28th of March. His visa expires on the 5th of may. If the notice period is extended to 70 days will he be considered as an overstayer or is there a specific status applying to people in this situation? I'm a french citizen settled in uk (11 years) and he is from new Zealand. Many thanks in advance for your answer.
There are no concessions for someone waiting to marry. Once his visa expires he will be an overstayer unless he has submitted an application under a different category (before expiry of his Tier 4 visa).

Even if the HO don't extend to 70 days, you're cutting it very fine as the standard notification time is 28 days. :idea: Any reason you've left it so late to marry?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Claire1475
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Posts: 4
Joined: Thu Mar 22, 2018 9:24 pm
France

Re: Getting married/expired Tier 4 visa

Post by Claire1475 » Sat Mar 24, 2018 1:47 pm

Many thanks for your answer. What type of vusa can he apply for. Can he apply for a fiancé visa whole being in the uk starting when his curre t vusa runs out? If so how long the application take?
Thanks again for your help

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Casa
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Re: Getting married/expired Tier 4 visa

Post by Casa » Sat Mar 24, 2018 1:50 pm

A fiance visa application can only be submitted from outside of the UK. Have you lived together in a 'durable' relationship 'akin to marriage' for at least 2 years?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Claire1475
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Joined: Thu Mar 22, 2018 9:24 pm
France

Re: Getting married/expired Tier 4 visa

Post by Claire1475 » Sat Mar 24, 2018 1:54 pm

We were planning on getting married during the summer but his sponsorship visa application at work felt through and we've been informed about that very recently.

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CR001
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Re: Getting married/expired Tier 4 visa

Post by CR001 » Sat Mar 24, 2018 3:41 pm

Any reason why you cannot maybe get married abroad and then return to the UK before his current visa expires?

And then have your proper wedding celebration in the summer.
Char (CR001 not Casa)
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