Mariage Under Tier 2 and Tier 4

[landoren]

Hi,

I was wondering if it is possible for two people to get married in the UK if one has a tier 2 visa and the other has a tier 4.

My partner's student visa expires in February next year and I'm currently working in the UK under a tier 2 visa.

In the case it is possible, does it mean after the marriage my partner will obtain a spouse visa?

I'm not quite sure about the process, could you advise how long that process usually takes and is it just a matter of registering with the Register Office? Online, some sites also mentioned about applying for a Certificate of Approval.

Many thanks for help,

[geriatrix]

The certificate of approval scheme was abolished on 09-May-11.
Getting married or registering a civil partnership in the UK.

After getting married, your partner will need to apply for entry clearance as a PBS dependant from outside the UK.

[landoren]

Thanks for the reply,

If we're both in the UK, can my partner apply within the UK as PBS dependent?

I had a look at the UKBA pages and there was reference stating that if both persons are in the UK they'd just need to give notice to the designated office:

If both of you are in the UK
If you and your future husband, wife or civil partner are both in the UK but at least one of you is subject to immigration control, you will need to give notice to marry or register your civil partnership with a registrar at a 'designated office'.

The certificate of approval scheme was abolished on 09-May-11.
Getting married or registering a civil partnership in the UK.

After getting married, your partner will need to apply for entry clearance as a PBS dependant from outside the UK.

[geriatrix]

If we're both in the UK, can my partner apply within the UK as PBS dependent?

Already answered, read the last sentence in my response above.

[landoren]

Hi, sorry for keep pressing the question. I have been reading through the documents provided by UKBA, and in the help doc for dependants of tier 2 migrants (http://www.ukba.homeoffice.gov.uk/sitec ... p-text.pdf) it says on page 4 that unmarried persons are eligble to apply within the UK. There is no mentioning of having to apply for an entry clearance outside the UK.

[landoren]

Hi, I've consulted with a solicitor and turns out if my spouse is currently living in the UK under tier 4 (and my spouse's visa is still valid for at least 3 months) then it is ok to apply within the UK because as a student who is already in the UK my spouse would have had already an entry clearance to come here at first.

[Lucapooka]

Okay, good luck with that!

[Greenie]

Ask your solicitor why para 319C(h) doesn't apply to your spouse. I hope you haven't paid him for his advice...

[ban.s]

before you submit an application based on your solicitor's advice, do ensure you discuss the eligibility of switching (page 6) with him/her.

[landoren]

Ask your solicitor why para 319C(h) doesn't apply to your spouse. I hope you haven't paid him for his advice...

Hi could you please explain a bit more about this?

Section 319C is about requirements for entry clearance or leave to remain, and the pararagraph 319C(h) above is talking about applicants who are applying for a leave to remain specifically and not about those who are seeking an entry clearance.

In any case, I believe the two mandatory points (i) and (ii) in the above paragraph applies to my partner? If not could you please explain?

[Greenie]

Entry clearance can only be applied for from outside the UK. Leave to remain can only be applied for from within the UK. Your partner does not satisfy either 319C(h) (i) or (ii ) as she does not have leave as your partner, she has leave as a tier 4 migrant in her own right. Therefore she cannot apply for leave to remain and can only apply for entry clearance from outside the UK.

[landoren]

Many thanks for you explanation.

[landoren]

Thanks for your help.

In case if she will go back her country, do you know how much money she has (or me) to prove in our bank account in last 3 months?
Many thanks,