Getting married when the YMS tier 5 visa is expiring

[jamie10]

Hi everyone,

I think I'm in a tricky situation with my girlfriend. I am a British citizen and she is a South Korean national.

She is on a YMS tier 5 visa which is due to expire on August 18th. We are planning to get married and we are giving notice of this on June 20th. The issue is that getting approval of marriage can take up to 70 days (it goes beyond the 28 day period if you don't meet certain criteria, which she doesn't).

So if it takes close to the full 70 days to get approval her YMS tier 5 visa will expire.

We are hoping we get approval before her visa expires and then she can apply for the spouse visa (we assume as long as the application is in, even if this is after the August 18th expiry date it will be okay).

However, what options do we have if we don't get approval until after her visa expires? Can she still get the marriage registration and then leave and apply for the spouse visa abroad?

I'd love to be clearer about our options and any help would be greatly appreciated!

Thanks

[CR001]

Give notice earlier.

Why do you say she doesn't meet the criteria for 28 days notice?

She should apply for a spouse visa her current visa expires, apply either by post or in person if you can get an appointment and are prepared to pay a bit extra.

Do you/fiance meet all the requirements (financial and English)?

[Frontier Mole]

If she applies for spouse visa after her current expiry date, expect a refusal.... Tier 5 YMS to spouse visa is a tough route if you don't apply in time.

You are expecting the 70 day approval timescale route - Why?
Are you living together, have done so for a considerable period, joint bills etc?
Do you earn £18,000 pa or more?

[Casa]

If she applies for spouse visa after her current expiry date, expect a refusal.... Tier 5 YMS to spouse visa is a tough route if you don't apply in time.

You are expecting the 70 day approval timescale route - Why?
Are you living together, have done so for a considerable period, joint bills etc?
Do you earn £18,000 pa or more?

+1 but the minimum income level is £18,600 p.a