Spouse visa

[Samasn]

Hi everyone please if there’s anyone can help
I’m on teir4 visa and i want to get married to British citizen. My question is do i have to live with her 2 years before switching from teir4 to spouse visa? And as I’ve been in the uk for 3 years will that be counted or in another world is that going to help getting the leave to remain sooner than the 5 years marriage? Hope i was clear and I hope someone helps me. Tnx in advance

[fighter130]

Hi Samasn.

1. You can marry your partner straight away but bear in mind that HO may not like it since many people in the past (and now I believe) got married on Tier4 visa just to stay in the country, abused it in other words. The closer you will get married to your visa's expiry date, the more likely this will be referred to HO and HO may delay the marriage or even interrupt it in order to question both parties.

AFAIK, if you switch Tier4->Spouse, you will lose your 3 years since in order to claim ILR having a spouse visa, you will need to have spent 5 years on the spouse visa.

[CR001]

I’m on teir4 visa and i want to get married to British citizen.

When does your student visa expire??

My question is do i have to live with her 2 years before switching from teir4 to spouse visa?

No, not if you are married. However, how long have you been in a relationship??

And as I’ve been in the uk for 3 years will that be counted or in another world is that going to help getting the leave to remain sooner than the 5 years marriage?

You lose the time already spent for ILR based on 5 years so you need 5 years on a spouse visa before you can apply for ILR. Makes no difference on getting a spouse visa as you have to meet all the same requirements as everyone else applying.

[Casa]

If you intend to marry in the UK, as a foreign national you will only be able to give notice with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can take place, if they choose to do so.

As you've already been advised, your immigration clock will be re-set to zero when you switch to a FLR(M) Spouse visa, putting you on a new 5 year route to settlement. 2 years of co-habitation isn't a requirement, this only applies to Unmarried Partner applications.

When does your Tier 4 visa expire?

Does your partner meet the minimum income level of £18,600 p.a

Edit: Beaten by a speedier CR001