American marrying a British citizen

[carmensandiego]

Hi all,

I'm a US citizen who has been studying in the UK for the past 3 years on a 4-year student visa. The course I had initially planned to do was 4 years, but I changed my mind and switched to a 3-year one and will be graduating this summer. In October my British fiance and I will get married in the US and then return to the UK to live.

When I re-enter the UK, I will no longer be a student, although I will still have 1 year left on my student visa. My intention is to apply for a spouse visa straight away. Right now I have the option of applying for a Post-Study Work visa which would enable me to work in the UK for 2 years (after which I would apply for a spouse visa). However the PSW is expensive (as are all visas...) and if I could avoid having to get one that would be great. My questions are:

(1) Would Immigration be able to tell when I come back in October that I'm no longer a student?
(2) Can I enter the UK on a tourist visa and then apply for a spouse visa?
(3) Can I avoid having to apply for a PSW visa in this situation?

Thanks in advance for any advice.

[vinny]

If you're no longer a student, then your student visa will be invalid for re-entry (321A).

As visitors may not switch to spouse status within the UK, it's probably best for you to apply for a spouse visa after marriage, prior to returning to the UK.

[UKBAbble]

Failing to mention your marriage on re-entry would be a serious mistake which could lead to problems in the future.