Switching from Tier 4 to spouse. When to apply

Hello

Basically, my Tier 4 visa expires in January 2019. In the meanwhile I'm about to get married to a British citizen and would like to switch to a spouse visa. I was wondering how much time in advance I can apply for it? Is it at anytime before my current visa expires or there's a specific time frame?

If I can apply in advance, does the fact that I'm applying a few months before my current visa expires play any role at all?

I'm sorry if a similar question has been asked already and thank you in advance.

Ideally the remaining length of visa must be around 6 months.

seagul wrote: ↑

Thu Sep 28, 2017 7:03 am

Ideally the remaining length of visa must be around 6 months.

Incorrect! You can switch to FLR(M) as soon as you are married, assuming you meet all the conditions for FLR(M) including meeting the minimum income level of £18,600 p.a (single or joint income).

However, have you already registered your intent to marry at a Home Office designated Registry Office, with approval from the HO to marry without attending an interview?

Casa wrote: ↑

Thu Sep 28, 2017 7:08 am

seagul wrote: ↑

Thu Sep 28, 2017 7:03 am

Ideally the remaining length of visa must be around 6 months.

Incorrect! You can switch to FLR(M) as soon as you are married, assuming you meet all the conditions for FLR(M) including meeting the minimum income level of £18,600 p.a (single or joint income).

However, have you already registered your intent to marry at a Home Office designated Registry Office, with approval from the HO to marry without attending an interview?

Just to touch on the last part by Casa, in order to register to get married you must register with 28 days notice, and this can be extended to 70 days by the HO. Best to do it ASAP (as I'm finding out).

Casa wrote: ↑

Thu Sep 28, 2017 7:08 am

seagul wrote: ↑

Thu Sep 28, 2017 7:03 am

Ideally the remaining length of visa must be around 6 months.

Incorrect! You can switch to FLR(M) as soon as you are married, assuming you meet all the conditions for FLR(M) including meeting the minimum income level of £18,600 p.a (single or joint income).

However, have you already registered your intent to marry at a Home Office designated Registry Office, with approval from the HO to marry without attending an interview?

Registry office give special consideration over remaining length of visa which you may disagree. And also in many cases where the students who have finished their course earlier then HO curtails the extra surplus months of their visa and in a lot of cases they don't notify.

Casa wrote: ↑

Thu Sep 28, 2017 7:08 am

seagul wrote: ↑

Thu Sep 28, 2017 7:03 am

Ideally the remaining length of visa must be around 6 months.

Incorrect! You can switch to FLR(M) as soon as you are married, assuming you meet all the conditions for FLR(M) including meeting the minimum income level of £18,600 p.a (single or joint income).

However, have you already registered your intent to marry at a Home Office designated Registry Office, with approval from the HO to marry without attending an interview?

We haven't yet, just in the process of deciding on both dates (giving a notice and marriage). Sorry, I'm not sure how do I get an approval from the HO to marry without attending an interview? I didn't know I needed to seek an approval from the HO even though I've read about a standard giving a notice procedure.

Just found this: 'The Certificate of Approval scheme was abolished in April 2011, and officially closed on 9, May, 2011.

Foreign nationals who wish to marry no longer need to obtain permission from the Home Office.

If you would like to bring family members to the UK, you may need to acquire a Family Visa'.

Also, my partner earns enough money (21000 ish), however, I am on a 0 hour contract, part-time. So while I'm getting some money, it's not a very stable income as you can imagine. Would I need to show that to HO or it would be irrelevant?

You are required to give 28 days notice at an HO approved Registry office. The Registry office has to inform HO with a non-EU citizen wants to marry. HO then can possibly extend the notice period to 70 days for them to possibly investigate or interview each of you separately. Once HO says good to go, you can then get married.

This is very likely being done by HO due to the high level of sham marriages or Marriage of Convenience for visa purposes only.