Tier 4 to Fiance visa

[Hannah_2019]

Hi, I would really appreciate some help.

My fiancés is Nigerian and his student visa expires on 6th October he has been here continuously for 4 years and we have been together 2 - we have recently got engaged however due to the notice period will not be able to get married before the 6th October expiry.

My fiancés lawyer is advising we continue to put notice in and get married ASAP which would result in him overstaying (potentially by 70 days if the HO decide) - is this the best option? I have reservations about him overstaying?

I have read about the fiancé visa that would provide us with 6 months to get married but I am not clear if he is eligible to apply for this as he is currently in the country - is it possible to convert the student visa to a fiancé visa with him being in the country or does he need to return to Nigeria to obtain this?

I am very confused by the advice I am being given and am trying to get an independent opinion.

appreciate any support
thanks

[CR001]

He must leave the UK before his visa expires.

A 6 month fiance visa cannot be applied for within the UK. He has to apply from his home country.

Do you live together and if yes for how long and what documentary evidence do you have?

[Hannah_2019]

We haven't not lived together for long enough as I believe it needs to be 2 years ?

Thank you for your reply
Charlotte

[Hannah_2019]

I also take it you would not advocate overstaying to get married ?

[Casa]

As you appear to be already aware, in order to marry in the UK you will have to give notice at a Home Office designated Registry Office. 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 before the marriage can take place, should they choose to do so. This isn't a good situation to find yourselves in if your fiance has no legal right to remain in the UK.

Even if you are given permission to marry, he won't be able to apply for a spouse settlement visa from within the UK and with an expired Tier 4 visa, marriage won't give him the legal right to remain here.