Switch from Tier 4 student visa to Spouse visa

[LazySloth]

Hi,

I am currently studying degree in England with 4 years Tier 4 student visa which will expire by October 2018.
I'm not from EEA countries or Switzerland and I have a boyfriend who is UK national and earning over the minimum requirement.
We're in a relationship for 2 years and we've been living together for 7 months now we're thinking to getting marry and applying family visa (spouse) before my student visa expires.
We have questions about visa application process.

- When we need to get married before I apply family visa?
- Can we apply family visa as soon as we get married?
- If I apply family visa by online or post, which will take 8 weeks to decision, but the earliest I can apply is 28 days before my Tier 4 visa expires, can I still stay in the UK even my Tier 4 visa expires?
- 'You’ll usually need to leave the UK to apply for a family visa if either: you have permission to be in the UK as a visitor/ your visa is for 6 months or less.' (GOV.UK) So this means I have to apply more than 6 months before my Tier 4 visa expires? Or it doesn't apply me because I have 4 years visa rather short-term visa?

Thanks in advance.

[Casa]

Hi,

I am currently studying degree in England with 4 years Tier 4 student visa which will expire by October 2018.
I'm not from EEA countries or Switzerland and I have a boyfriend who is UK national and earning over the minimum requirement.
We're in a relationship for 2 years and we've been living together for 7 months now we're thinking to getting marry and applying family visa (spouse) before my student visa expires.
We have questions about visa application process.

- When we need to get married before I apply family visa? Yes
- Can we apply family visa as soon as we get married? Yes. FLR(M)
- If I apply family visa by online or post, which will take 8 weeks to decision, but the earliest I can apply is 28 days before my Tier 4 visa expires, can I still stay in the UK even my Tier 4 visa expires? You've misunderstood. You can apply at any time after the marriage and before your current visa expires.
- 'You’ll usually need to leave the UK to apply for a family visa if either: you have permission to be in the UK as a visitor/ your visa is for 6 months or less.' (GOV.UK) So this means I have to apply more than 6 months before my Tier 4 visa expires? Or it doesn't apply me because I have 4 years visa rather short-term visa? This doesn't apply to you.

Thanks in advance.

Is your partner able to meet the minimum income level of £18,600 p.a ? You can include any joint earnings you may have within your permitted weekly hours.

[LazySloth]

Hi Casa,

Thank you for your prompt reply!
Yes my boyfriend is earning over 18,600 a year, and I will graduate from UK university in July 2018 so income and English requirement will be met.

Thank you very much for your help!

[Casa]

You're welcome. Do bear in mind when planning your wedding that you can only give notice to marry with a Home Office designated Registry Office and that the notification period can be extended from 28 to 70 days in order for the HO to interview you both before the wedding can do ahead, should they choose to do so.

The sooner you marry and switch to FLR(M), the sooner your 5 year residence towards ILR as a spouse will begin.