Spousal Visa

[NatalieNanyuki]

I am currently in the UK on a tier 4 student visa that expires on 13th November. My fiance (a British national) and I have an appointment at the registrar's office on 2nd November to apply for a marriage certificate after which I intend to put in my application for a spousal visa. I am aware that the notice period with the registrar can be anywhere between 28 - 70 days. My current visa will have expired by this time and I will be deemed to be in the UK illegally. Is there any way that I can begin the application process for a spousal visa as the notice period with the registrar is still running? If not, will staying in the UK after 13th of November affect my application for a spousal visa?

[Casa]

I am currently in the UK on a tier 4 student visa that expires on 13th November. My fiance (a British national) and I have an appointment at the registrar's office on 2nd November to apply for a marriage certificate after which I intend to put in my application for a spousal visa. I am aware that the notice period with the registrar can be anywhere between 28 - 70 days. My current visa will have expired by this time and I will be deemed to be in the UK illegally. Is there any way that I can begin the application process for a spousal visa as the notice period with the registrar is still running? If not, will staying in the UK after 13th of November affect my application for a spousal visa?

As you're no doubt already aware, the 70 day extension is to enable the Home Office to interview you both separately should they choose to do so before the wedding can go ahead. There is a high chance of you being interviewed due to the wedding taking place so close to your student visa expiry.

You are unable to start the FLR(M) application until you are married. The HO are unlikely to give clearance for the wedding when your leave will have expired and will be an overstayer. This will mean you will have to either marry outside of the UK and submit your spouse visa application, or return to your home country and submit a fiance visa application to return and marry in the UK. You will have to submit compelling evidence of a genuine relationship.

Why have you left it until the 11th hour to marry

[CR001]

How long have you been in a relationship and have you lived together and if yes, for how long?