Tier 5 Government exchange visa to Spouse Visa, while still on Tier 5

[Vasiiii]

Hello,

I had a question concerning switching from Tier 5 (Government Exchange Programme visa) to Family leave to remain (Spouse visa), while still being on Tier 5, as I am getting married to a British citizen. Could someone please confirm if i understood well all i read on forums?

They say this is possible while still on Tier 5 (without leaving the country) with the difference that once we go to registry office for notice of marriage we might wait 70 days instead of 28 for the approval to come from Home Office (since Tier 5 is not originally on a family route visa). So my question is once this is done, and say we get the approval from Home Office/registry office to marry, and we do, then what's next?
I have read on UK website that the new application can be no sooner than 28 days before the expiry date of my visa. Does this also apply in the case of switching from Tier 5?
I would like to apply for a new visa as soon as possible after the marriage, most probably using premium service so that I do not have to give my passport away for 8 weeks.

Another thing which is important, we already have a wedding ceremony in the church set for July (3 months before the expiration of my Tier 5), but the church is in a not EU country. So initially we planned to have the "religious" wedding there, and then here in the UK the "official" one in the office. I am not even sure if this is possible.

Thanks a lot for the help.

[Casa]

Hello,

I had a question concerning switching from Tier 5 (Government Exchange Programme visa) to Family leave to remain (Spouse visa), while still being on Tier 5, as I am getting married to a British citizen. Could someone please confirm if i understood well all i read on forums?

They say this is possible while still on Tier 5 (without leaving the country) with the difference that once we go to registry office for notice of marriage we might wait 70 days instead of 28 for the approval to come from Home Office (since Tier 5 is not originally on a family route visa). So my question is once this is done, and say we get the approval from Home Office/registry office to marry, and we do, then what's next?
I have read on UK website that the new application can be no sooner than 28 days before the expiry date of my visa. Does this also apply in the case of switching from Tier 5? You will be able to apply in the UK for a FLR(M) visa at any time after the marriage and before your current visa expires.
I would like to apply for a new visa as soon as possible after the marriage, most probably using premium service so that I do not have to give my passport away for 8 weeks. See above.

Another thing which is important, we already have a wedding ceremony in the church set for July (3 months before the expiration of my Tier 5), but the church is in a not EU country. So initially we planned to have the "religious" wedding there, and then here in the UK the "official" one in the office. I am not even sure if this is possible. You should be aware that if your religious marriage is recognised by the court in the country where it takes place, you will be unable to 'marry again' in the UK. You would only be able to have a renewal of vows ceremony in the UK.
Thanks a lot for the help.

I'm assuming you can meet all the mandatory requirements for FLR(M), including a minimum income (single or joint) of £18,600 p.a

[Vasiiii]

Hello Casa,

Thanks a lot for your reply. Church marriage is not recognised as a civil marriage in this country, so it would probably not be valid as such in the UK either then. So that's sorted.
So, just to make sure, you say "no sooner than 28 days before the expiry" of my Tier 5 doesn't work in this case? I could do it months before as well?

Just one more question, in case you are anyhow familiar with it. Once a person takes their husband's name after the marriage, would i need to apply for FLR with a new passport (with changed name), or i can still do it on my old one?
I am wondering because I am not sure once they issue me FLR visa, with my old name on the passport (in case i do not change it back home, after the marriage), how will i be able to travel back to the UK when i leave for trips lets say, having passport and FLR visa on two different surnames?

But then again if i change my passport after the marriage, and i have to come back to the UK to then apply for FLR, that would also mean i would try entering the country with my Tier 5 on my maiden surname (at the moment valid visa for entrance), while my passport would have the name changed. This is all very confusing, I hope i explained this clear enough.

Thanks a lot.

[CR001]

So, just to make sure, you say "no sooner than 28 days before the expiry" of my Tier 5 doesn't work in this case? I could do it months before as well?

You can apply anytime AFTER you are married but BEFORE your current visa expires.

Just one more question, in case you are anyhow familiar with it. Once a person takes their husband's name after the marriage, would i need to apply for FLR with a new passport (with changed name), or i can still do it on my old one?

There is no legal requirement in the UK to change your name once married. If you wish all your HO documents to be in your married name, you will need to change your passport first.

I am wondering because I am not sure once they issue me FLR visa, with my old name on the passport (in case i do not change it back home, after the marriage), how will i be able to travel back to the UK when i leave for trips lets say, having passport and FLR visa on two different surnames?

You can change your passport after you have your FLR visa, but you will then also have to change your BRP card.

But then again if i change my passport after the marriage, and i have to come back to the UK to then apply for FLR, that would also mean i would try entering the country with my Tier 5 on my maiden surname (at the moment valid visa for entrance), while my passport would have the name changed. This is all very confusing, I hope i explained this clear enough.

A marriage certificate would indicate the name change, so this would not be an issue.