Switching to marriage visa?

[cozzo]

Hi, I am a UK citizen and my fiance is from New Zealand. She is currently on a tier 5 mobilty visa which is due to expire on the 21st july. We have already given our notice of intention at the registrar and have been given the 14th July as a date. In the mean time they have sent our application to the home office and we are waiting on a decision from them. My question is if we are given permission to get married on the 14th July, do I immediately make an application for a "family of a settled person’ visa" and as this will take longer than a week to process by the home office, will my wife be entitled to live and work here whilst we wait? will she have to go back to New Zealand whilst the home office process her visa? I think I read somewhere that as long as the home office recieve the application before her expires then she would be ok?

[Casa]

Providing your wife submits her FLR(M) application before her current Tier 5 visa expires, she will retain her legal status while the application is being decided, with no requirement to return to her home country.

If the application is submitted in person at a PSC for the additional fee of £590 (£933 + £590) the decision is generally made on the day.
Bear in mind that once her Tier 5 visa has expired she will be unable to work while the FLR(M) application is being processed. You may want to weigh up the benefits of paying the £590 premium against waiting for a postal decision, which could take 3 months or more.

In addition to the visa fee she will also have to pay the £500 NHS surcharge.

[cozzo]

Providing your wife submits her FLR(M) application before her current Tier 5 visa expires, she will retain her legal status while the application is being decided, with no requirement to return to her home country.

If the application is submitted in person at a PSC for the additional fee of £590 (£933 + £590) the decision is generally made on the day.
Bear in mind that once her Tier 5 visa has expired she will be unable to work while the FLR(M) application is being processed. You may want to weigh up the benefits of paying the £590 premium against waiting for a postal decision, which could take 3 months or more.

In addition to the visa fee she will also have to pay the £500 NHS surcharge.

So if I understand correctly. She can stay in the country whilst her application is being processed but is unable to work until the decision is made? Can she leave the country whilst the decision is being made and will she be able to enter during this period? How soon after the marriage can you submit the FLR (M)?

It also says on the Gov website that: If you and any dependants apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/are decided.

So I take it that she can continue to work whilst her application is being processed?

Thanks for your reply

[Casa]

Providing your wife submits her FLR(M) application before her current Tier 5 visa expires, she will retain her legal status while the application is being decided, with no requirement to return to her home country.

If the application is submitted in person at a PSC for the additional fee of £590 (£933 + £590) the decision is generally made on the day.
Bear in mind that once her Tier 5 visa has expired she will be unable to work while the FLR(M) application is being processed. You may want to weigh up the benefits of paying the £590 premium against waiting for a postal decision, which could take 3 months or more.

In addition to the visa fee she will also have to pay the £500 NHS surcharge.

So if I understand correctly. She can stay in the country whilst her application is being processed but is unable to work until the decision is made? Can she leave the country whilst the decision is being made and will she be able to enter during this period? How soon after the marriage can you submit the FLR (M)?
1.It appears that she can continue to work, but her employer may be reluctant to allow her to continue once her visa expires. Her right to work while the application is being processed can be confirmed with the online Employer Checking Service.
2.She won't be able to travel while the FLR(M) application is being processed as the Home Office will have her passport if she applies by post.
3. Immediately after marrying

It also says on the Gov website that: If you and any dependants apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/are decided.

So I take it that she can continue to work whilst her application is being processed?

Thanks for your reply