Getting married/expired Tier 4 visa

[ajron5047]

Hi,
I am staying in UK using a Tier 4 visa expring 30 jan 2017. I am in a relationship and wants to get married. Me (Indian) and my girlfriend (Polish) have already given notice of intent for marriage. But for the approval from the home office it will take 28 days or 70 days, decided by the office. The problem i am facing is that my visa will expire before getting the approval and getting married.What are the options i have to stay in UK till i get married and get the spouse visa? Can anyone please help me?

[secret.simon]

As your girlfriend is Polish, you don't need a visa to stay in the UK once you are married. Your girlfriend does need to be exercising treaty rights though, either by working or by being a student with private health insurance. You should of course apply for a Residence Card, but that is merely confirmatory of the right to reside given to you by marriage to an EEA citizen and is not a visa.

However, if your Tier 4 visa expires before your marriage, you will legally be an overstayer for the period between the end of your visa and the marriage and that would affect any future citizenship applications.

[ajron5047]

Thank you very much for the info.
Please go through the scenarios below

Scenario 1: What if i apply for a visa extension before the visa gets expired; supporting the application with the evidence of intent to get married. While they make a decision on my visa extension, my marriage application will be processed. By this way i may have overstayed, but following the rules.

Scenario 2: What if i wait for the decision on my marriage application by home office and do nothing. Then obtaining the approval for the marriage by proving the genuinity of my relationship to them by whatever measure they demand. Will this work?

If i am wrong above, please give advice on an efficient,working plan

[bathanza]

Hi there

You will find out by the 30th Jan if your notice period is 28 days or 70 days, you should get an automated letter in the post a week or so after lodging your notice.

You'll have a confirmed end of notice period, this doesn't help your matter of over-staying

According to the citizen's advice, you are given 28 days after expiry of your visa to apply for a new one.

https://www.citizensadvice.org.uk/law-a ... ayed-visa/

In the event your notice period is 28 days, then go ahead with marriage and follow through the EEA Family Permit route (again, not sure on what the rules would be if this means you have over-stayed your visa, Mods can advise) but after 70 day notice if the HO investigate, you would have no other choice but to extend if eligible.

[CR001]

According to the citizen's advice, you are given 28 days after expiry of your visa to apply for a new one.

https://www.citizensadvice.org.uk/law-a ... ayed-visa/

There is no longer a 28 day 'grace period'. It has been reduced to 14 days. An application under the EEA rules is not a 'visa'.

[leslie01234]

Hi there,
I am in the same situation as you and would like to know what was the outcome for you ? What did you choose to do at the end and did this work out ?
Thanks for your answer.

[CR001]

Hi there,
I am in the same situation as you and would like to know what was the outcome for you ? What did you choose to do at the end and did this work out ?
Thanks for your answer.

Instead of digging up topics from 2016 and 2017 and tagging duplicate posts, please start your own topic with your circumstances and questions.