Expired Tier 4 visa and marriage?

Hi all

I am a Dutch national living and working in the UK since 1983. My girlfriend is an Iranian national studying in the UK since September 2012; her Tier 4 student visa expires near the end of April 2014.

As we will not be able to satisfy the 2-year ‘living together’ requirement we intend to get married.

However, due to some unforeseen circumstances we may not be in a position to get married before the expiry of my girlfriend’s visa.

If she overstayed her welcome by, say, one month and we were to get married at the end of May, would that put her application to remain in the UK in jeopardy?

Many thanks.

It won't but her EEA2 application will be scrutinised. Home Office may want to know why she married you just after visa expired.

if they suspect something it's not easy to get away with it. I strongly recommend to do it before expiry

Hi askmeplz82

Thank you for your reply. We have been intending to marry for a while, but sorting the finances from my previous marriage is taking longer than expected and the advice from my solicitor is to not remarry until those have been sorted.

I am intending to give notice of marriage at the Register office next month, so that at least will be on record. Things may still get sorted before the end of April, but in case they don't I don't really want my girlfriend to return to Iran and for us to have to get married in Turkey for the sake of one month's delay.

In case we can't get married in time, would it be advisable to send a covering note with her EEA2 application to explain the situation?

Many thanks for your help.

erwinz wrote:Hi askmeplz82

Thank you for your reply. We have been intending to marry for a while, but sorting the finances from my previous marriage is taking longer than expected and the advice from my solicitor is to not remarry until those have been sorted.

I am intending to give notice of marriage at the Register office next month, so that at least will be on record. Things may still get sorted before the end of April, but in case they don't I don't really want my girlfriend to return to Iran and for us to have to get married in Turkey for the sake of one month's delay.

In case we can't get married in time, would it be advisable to send a covering note with her EEA2 application to explain the situation?

Many thanks for your help.

If you manage to get married, and the marriage is genuine, then yes, she will have an automatic right even if her VISA expired . Yes you can write a cover letter and explain to them.

Many thanks for your advice, askmeplz82, much appreciated!

To be honest, I don't think it would matter when you apply. In the eyes of the caseworker, applying one month before the visa expire or one moth after the visa expire would probably raise the same suspicion of sham marriage. Just be prepared for an interview / request to prove your relationship.