Switching from Tier 2 (General) to FLR M (Spousal)

[DFOURKCK]

Hello,
I am an American living in the UK and looking for some advice on switching from my current Tier 2 work visa to a family visa (spousal).

My Tier 2 visa will expire on 27 November. My British partner and I are engaged and have a wedding date of 23 November. We will give notice on 25 October (after trying to last week and being told we needed a full birth certificate...). I was told we *may* need up to 70 days for the Home Office to reply to our marriage notice.

My questions are:
Can I stay in the UK legally past the 27 November to hear the H.O.'s reply?

Can I apply for a fiancee visa from within the UK (before 27 November) if the Home Office does not reply within 28 days of our marriage registration?

Or, would it be best to go home to the US before 27 Novmeber and apply for a fiancee visa from there and return once approved (I really don't want to do this as I have a great job, home, and relationship here, plus all of the wedding plans are in place!)?

Lastly, if this all goes to plan, can I stay and work in the UK while waiting for a reply on my FLR M application?

I look forward to hearing your advice. Thanks!

[CR001]

. Can I stay in the UK legally past the 27 November to hear the H.O.'s reply?

Can I apply for a fiancee visa from within the UK (before 27 November) if the Home Office does not reply within 28 days of our marriage registration?

No and no.

If you get approval and Marry in time and apply in time, you can still only work for your sponsor until you get a new visa. You can't get a new job with a new employer until the spouse visa is granted.

How long have you vee in a relationship and do you live together?

Can you not marry in another country quicker?

[DFOURKCK]

Hello CR001,
Thanks for your quick reply. We do not live together (although we do spend a lot of time at eachother's homes) and we have not been together for a full two years, so the option to apply as a partner is not possible.

I assumed (perhaps incorrectly) that if we were to go to, say, Denmark, to get married in November I would have trouble coming back to the UK in order to apply for the spousal visa because I have such a short time on my current Tier 2 visa. I also thought you cannot apply on a 6 month or shorter visa...

Thanks!

[CR001]

I assumed (perhaps incorrectly) that if we were to go to, say, Denmark, to get married in November I would have trouble coming back to the UK in order to apply for the spousal visa because I have such a short time on my current Tier 2 visa. I also thought you cannot apply on a 6 month or shorter visa...

Your assumption is wrong. You are free to enter the UK any time while your visa is valid. Not sure what you are referring to re 6 month or shorter visa??

[DFOURKCK]

Hello,
For example, if I returned to the US before my visa expired, got married but after my visa expired and returned to the UK with my husband. It was my understanding that I could not apply for the FLR M if I entered on a tourist visa.

Thanks!

[CR001]

Hello,
For example, if I returned to the US before my visa expired, got married but after my visa expired and returned to the UK with my husband. It was my understanding that I could not apply for the FLR M if I entered on a tourist visa.

Thanks!

Correct you cannot. However you will be entering the UK while your Tier 2 is still valid based on what you posted.