Switching from Tier 4 to spouse visa

[JMS123]

Hello all,

I am currently doing a Doctorate under a Tier 4 student visa, which expires in early 2020. I have been in this country for eight years under a Tier 4 student visa for all my education. I have now been with my British partner for almost four years and we would like to become civil partners and I would then become eligible for a spouse visa.

There are a few questions I would like to ask:

1.There seems to be some ambiguity on switching Visa. I still have a couple years on my current visa. Is it possible to apply for civil partnership and spouse visa now rather than waiting until 2020? Will they just simply terminate the student visa, and grant me a spouse visa to continue my study?

2.I have read many threads about applying for civil partnership. As I am a foreigner, it will take up to 70 days for notice period at a registry office. If I apply today, I will need to wait 70 days, and have the interview and ceremony, then apply for a family visa (standard one could take up to eight weeks according to the official page). So the whole process will take 4-5 months, is that correct?

3.I understand there is no restriction to work and study if I have a spouse visa. Does that mean I do not require sponsorship from a company for a Tier 2 visa as a normal route to finding a job as an international graduate student?

4.I will also reach my stay in the UK for 10 years if I can be granted a 2.5 years spouse visa. Is it possible to apply for “indefinite leave to remain” under long residence (8 years of study and 2.5 years of spouse visa), instead of 5 years ( two 2.5 years) of spouse visa?

Thank you in advance all the wonderful people helping to answer my questions.

[JMS123]

I would appreciate it if any members or moderators can help with these questions!

[CR001]

You state civil partners, so presumably you are a same sex couple?

1. You can switch. There is no 'ambiguity'. You can apply at any time once married.

2. Correct. However, you can apply to switch to a spouse visa by paying an extra £590 on top of the visa fee and IHS to apply in person for a same day decision.

3. Correct. You are free to work for anyone without restriction.

4. Yes.

[JMS123]

Thanks for the reply and answers CR001. Yes, we are same sex couple, and what my understand is I have the same right as marriage.

Re Question 1, the ambiguity I found was here: https://www.gov.uk/uk-family-visa

Under “1. Overall - When you can apply to extend or switch” , it said “The earliest you can apply is 28 days before your current permission to stay in the UK expires”. I am not sure whether the “current permission to stay” refers to my student visa. If so, it seems to indicate that I can only switch in early 2020 just before my student visa expires? I hope you can help me to clarify this.

[CR001]

Current permission to stay in any visa EXCEPT visitor visa.

You can apply at any time once married. The website is a general 'overview' and not the immigration rules and is generalised as impossible to be 'route specific' for each scenario.

[scatman]

So let me get this straight...

When you can apply to extend or switch, the earliest you can apply is 28 days before your current permission to stay in the UK expires

You are saying that if a visa expires 28 Feb, I don't need to wait until 1 Feb, and that I can apply in December?