Cooling off period when on tier 2 ICT switching to family visa

[beaver545]

Hi,
I need some advice on the following:

I met my girlfriend just over a year ago, and she is on a tier 2 ICT. I'm British.

Her visa was meant to run out at the end of the year and we were expecting to make a decision on whether to marry in the near future. However, last week, her company has told her that she is no longer needed in the UK and she is required to go back to her originating country immediately for her work which she will have to oblige by. Which is obviously very upsetting.

I would like to know what options we have for the future. If we are to get married, is it best to get married in her originating country or in the UK? When married, would she then be eligible for a family visa and would the cooling-off period from the Tier 2 ICT apply ( I would expect the cooling-off period wouldn't apply, but I can't find any evidence of this)? Apart from needing to apply for a spouse visa, are there any reasons to favor getting married in one country compared to the other?

[CR001]

is it best to get married in her originating country or in the UK?

Your choice where you choose to marry. If you choose to marry in the UK, you both have to attend an HO approved Registry office to give 28 days notice. They then inform HO who could extend the notice period to 70 days to interview and/or investigate before granting permission to marry. You will only be able to marry once HO says you can.

When married, would she then be eligible for a family visa and would the cooling-off period from the Tier 2 ICT apply ( I would expect the cooling-off period wouldn't apply, but I can't find any evidence of this)?

Cooling off period does NOT apply to spouse settlement visas. It only applies to Tier 2.

Apart from needing to apply for a spouse visa, are there any reasons to favor getting married in one country compared to the other?

It really depends on your personal circumstances. Note that spouse visa applications from abroad can take in excess of 90 days depending on her country of nationality.