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jess_taylor7
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Tier 5 -> spouse visa

Post by jess_taylor7 » Mon Nov 19, 2018 12:54 pm

Hi All,

I am currently on a tier 5 visa but my partner and I are planning on getting married within the UK. I am American and hes an Australian (holds british/aus passport). Am I able to switch from a tier 5 to a spouse visa within the UK? Has anyone gone through the process? Is it a tedious process? Any information regarding it will be helpful.

Thanks

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Re: Tier 5 -> spouse visa

Post by Casa » Mon Nov 19, 2018 1:18 pm

Assuming you meet all the conditions for a spouse settlement visa, you are permitted to switch to FLR(M) from within the UK.

However, are you aware that you can only give notice to marry at a Home Office designated Registry Office and that the Registrar is then 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 should they choose to do so, before the marriage can go ahead :?:
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Re: Tier 5 -> spouse visa

Post by jess_taylor7 » Mon Nov 19, 2018 6:04 pm

okay, so I would have to register at the Home Office designated Registry Office first and then is notified by the home office. Do I choose any designated registry office near me and make an appointment?

The government website seems straight forward but I don't want to get this wrong.

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Re: Tier 5 -> spouse visa

Post by Casa » Mon Nov 19, 2018 6:19 pm

You can only give notice to marry at a Home Office designated Registry Office in the county where you are currently residing.
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Re: Tier 5 -> spouse visa

Post by jess_taylor7 » Mon Nov 19, 2018 6:37 pm

Yes, my county is Wandsworth and I have to give notice and then register for the ceremony 29 -72 days after giving notice?

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Re: Tier 5 -> spouse visa

Post by CR001 » Mon Nov 19, 2018 7:08 pm

jess_taylor7 wrote:
Mon Nov 19, 2018 6:37 pm
Yes, my county is Wandsworth and I have to give notice and then register for the ceremony 29 -72 days after giving notice?
1. You need to give the standard 28 days notice.

2. The Registry office then inform HO that a non-EU and British citizen wish to marry. This notice period COULD be extended to 70 days for HO to investigate and/or interview each of you separately.

3. If HO is happy, then they will let you know you can proceed to marry.

4. Once you have married and if you meet all the standard requirements, you apply for a spouse visa on FLR(M).

This obviously needs to all happen before your current visa expires.
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Re: Tier 5 -> spouse visa

Post by jess_taylor7 » Mon Nov 19, 2018 11:42 pm

Perfect, thanks so much!

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Re: Tier 5 -> spouse visa

Post by jess_taylor7 » Mon Nov 19, 2018 11:44 pm

CR001 wrote:
Mon Nov 19, 2018 7:08 pm
jess_taylor7 wrote:
Mon Nov 19, 2018 6:37 pm
Yes, my county is Wandsworth and I have to give notice and then register for the ceremony 29 -72 days after giving notice?
1. You need to give the standard 28 days notice.

2. The Registry office then inform HO that a non-EU and British citizen wish to marry. This notice period COULD be extended to 70 days for HO to investigate and/or interview each of you separately.

3. If HO is happy, then they will let you know you can proceed to marry.

4. Once you have married and if you meet all the standard requirements, you apply for a spouse visa on FLR(M).

This obviously needs to all happen before your current visa expires.
If we do premium service, will the HO give us a same day decision or the Registry Office?

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Re: Tier 5 -> spouse visa

Post by CR001 » Tue Nov 20, 2018 6:22 am

Giving notice to marry at the registry is separate to the visa application with home office, who decides your visa application.

The new system for visa applications in link below.

announcements/new-uk-visa-and-citizensh ... 67051.html
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Re: Tier 5 -> spouse visa

Post by jess_taylor7 » Tue Nov 20, 2018 1:39 pm

Yes I have registered to give notice at my county town hall and have an appointment next week.

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married abroad - spouse visa

Post by jess_taylor7 » Wed Nov 21, 2018 12:49 pm

Hello,

My fiance and I are debating whether to get married in the UK ( I am british) or get married in the US where she is from. If we chose to get married in the US and it was recognised as a marriage by UK, would we both be able to reenter the UK and she then can apply for the spouse visa within the UK?

also, another question, if she applies for the fiance visa, can it be anywhere other than UK? She is travelling for a few months but will only be in the US for a bit. Could she apply for the fiance visa within Europe and then be granted to come join me in the UK?

Thanks!

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Re: married abroad - spouse visa

Post by CR001 » Wed Nov 21, 2018 1:05 pm

Char (CR001 not Casa)
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Re: married abroad - spouse visa

Post by CR001 » Wed Nov 21, 2018 1:08 pm

My fiance and I are debating whether to get married in the UK ( I am british) or get married in the US where she is from. If we chose to get married in the US and it was recognised as a marriage by UK, would we both be able to reenter the UK and she then can apply for the spouse visa within the UK?
It makes no difference where you marry. If the Tier 5 is still when returning, you can switch to a spouse visa. If entering the UK as a visitor, then you cannot switch within the UK to a spouse visa
also, another question, if she applies for the fiance visa, can it be anywhere other than UK? She is travelling for a few months but will only be in the US for a bit. Could she apply for the fiance visa within Europe and then be granted to come join me in the UK?
You cannot apply for a fiance visa if you are already married. You can also only apply for a fiance or spouse visa in a country you are legally resident, i.e. not a tourist/visitor.
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spouse visa

Post by jess_taylor7 » Wed Nov 28, 2018 8:33 am

Hello,

My fiance and I gave notice to our local registers office yesterday and submitted out forms/documents. The clerk at the office told us that we would receive a letter from the home office within 1-2 weeks granting or denying our right to marry... She then told us if we receive the letter and our marriage is granted (able to get married in 28 days) we can apply for the spouse visa within the UK right away (I'm on a tier 5 visa) before waiting the 28 days to get married and attend the ceremony. Is this correct? She ensured that we could still submit the application for the spousal visa before the ceremony takes place.

Any insight would be greatly appreciated!

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Re: spouse visa

Post by vinny » Wed Nov 28, 2018 8:57 am

When will your leave expire?
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Re: married abroad - spouse visa

Post by CR001 » Wed Nov 28, 2018 8:58 am

CR001 wrote:
Wed Nov 21, 2018 1:05 pm
Topics Merged (click to read)
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Re: spouse visa

Post by jess_taylor7 » Wed Nov 28, 2018 9:07 am

vinny wrote:
Wed Nov 28, 2018 8:57 am
When will your leave expire?
3rd of jan

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Re: spouse visa

Post by CR001 » Wed Nov 28, 2018 9:12 am

If HO extends the notice to 70 days, you won't be able to remain in the UK as your visa would have expired.

You cannot switch to a partner visa until you are married unless you have rock solid proof of living together in a relationship akin to marriage for 24 months to qualify for an unmarried partner visa.

Would have been simpler probably to go to the US or Europe and get married, return to the UK before visa expiry and apply to switch to spouse visa.
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Re: spouse visa

Post by vinny » Wed Nov 28, 2018 9:20 am

Waiting for the Home Office to give approval of marriage does not extend your leave, nor prevent you from being an overstayer.

Perhaps a Las Vegas marriage may be quicker?
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Re: spouse visa

Post by jess_taylor7 » Wed Nov 28, 2018 9:53 am

CR001 wrote:
Wed Nov 28, 2018 9:12 am
If HO extends the notice to 70 days, you won't be able to remain in the UK as your visa would have expired.

You cannot switch to a partner visa until you are married unless you have rock solid proof of living together in a relationship akin to marriage for 24 months to qualify for an unmarried partner visa.

Would have been simpler probably to go to the US or Europe and get married, return to the UK before visa expiry and apply to switch to spouse visa.
yes I spoke to the home office this morning and there is no way around the 28 day waiting period. we are thinking of getting married in Gibraltar (takes about 3 days) and them coming back the UK to apply for th FLR m

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