# Tier 1 (Post Study Work Visa) to Fiancé/Spouse Visa



## sboh247 (Sep 6, 2012)

Hi,

Firstly, I would like to thank everyone on this forum (members and admins). I have been reading threads from this forum for some days now and I must admit it has a wealth of very significant scenarios and relative information.

My issue - I am currently residing in the UK on a Tier 1 (Post Study Work) Visa which expires in May 2013. Before that, I moved to the UK from Nigeria on a Student Visa in 2007 for my Bachelor's degree.

I am currently engaged to my British fiancée and we plan to have a civil wedding in September 2013 although as mentioned above, my current visa expires in May 2013.

My initial plan was to further my education in 2013 by starting a full-time professional course (ACCA/CIMA) and obtain a Student Visa. However, considering the financial implication of doing that, I might not be able to afford it.

I have done some research and the other option I came across was the Fiancé or Spouse Visa. For the Fiancé Visa, I found that it can not be applied for from inside the UK and the holder of such visa does not have right to work. Can I possibly seek the Fiancé option as I am engaged to be married, currently residing in the UK and in full-time employment? For the Spouse Visa, from my novice assessment; the only hindering requirement will be the marriage certificate as we plan on getting married in Sept and my visa expires in May.

An obvious solution might be getting married before May 2013 to apply for the Spouse Visa but I dread changing the set marriage date from Sept for family reasons and other complications. We might consider it as a last resort.

Also I thought about getting married in a registry to obtain the marriage certificate before May 2013 (then apply for a Spouse Visa) and still have our civil wedding in Sept 2013 but I was told by the registrar's office that it can only be one or the other. I will appreciate more info from anyone with insight or experience on this area.

Summarily, my issue is residing legally in the UK between May and Sept 2013 and my options are:
1. Student Visa
2. Fiancé Visa
3. Spouse Visa
4. Registry Marriage (before May) then Civil Wedding (in Sept).
I would appreciate any help with the above options or any other options that might be suitable in my situation that is not listed above.

Many thanks in advance.


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## Joppa (Sep 7, 2009)

sboh247 said:


> Hi,
> 
> Firstly, I would like to thank everyone on this forum (members and admins). I have been reading threads from this forum for some days now and I must admit it has a wealth of very significant scenarios and relative information.
> 
> ...


If you don't want to shift your wedding date to sometime before your visa expiry, you have the following choices.
Go home and apply for fiancé visa, then marry in UK within 6 months and then apply for further leave to remain as spouse. Then you can work. If you book a same-day appointment at public enquiry office for a date after your wedding, you will get your biometric residence permit within a week, which states your right to work.
Marry in Nigeria and apply for spouse visa there. When granted, you can start work as soon as you arrive in UK.

I don't know what you mean by register office wedding and civil wedding - they are the same thing. If you mean a small private ceremony in May and proper celebration in October with a big reception etc (though you are already married), then you can marry while you are still on Tier 1 PSW, and then apply for FLR as spouse straightaway within UK. Again if you go for same-day premium service, you get your BRP soon after.

I wouldn't bother about getting a Tier 2 student visa, as it's restrictive, costs extra and any time you spend in UK doesn't count towards settlement.

Make sure that for a fiancé, spouse or FLR, you can meet the financial requirement of £18,600.


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## sboh247 (Sep 6, 2012)

Thank you very much Joppa for your advice. Whatever option that I decide to take will not be acted upon until later this year or early next year. Hopefully I can count on your advice, depending on any changes to the regulations by then; through this thread if needed. Thanks again.


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## agentsmith (Jan 1, 2013)

I am currently on PSW. Do you know if it is possible to work on a fiance visa ..as I will be switching from PSW and want to continue working! Any help would be much appreciated.


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## nyclon (Apr 3, 2011)

agentsmith said:


> I am currently on PSW. Do you know if it is possible to work on a fiance visa ..as I will be switching from PSW and want to continue working! Any help would be much appreciated.


No, you can't work on a fiance visa.


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## agentsmith (Jan 1, 2013)

nyclon said:


> No, you can't work on a fiance visa.


Thanks for your reply nyclon.


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## agentsmith (Jan 1, 2013)

Another question, can you apply for a Fiance visa in the UK itself. Or do you have to be outside the UK to apply for a visa to enter? 

Thanks again!


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## nyclon (Apr 3, 2011)

agentsmith said:


> Another question, can you apply for a Fiance visa in the UK itself. Or do you have to be outside the UK to apply for a visa to enter?
> 
> Thanks again!


You can't change from a visitor visa to any other kind of visa.

Are you currently in the UK and if so, what kind of visa do you have?


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## agentsmith (Jan 1, 2013)

nyclon said:


> You can't change from a visitor visa to any other kind of visa.
> 
> Are you currently in the UK and if so, what kind of visa do you have?


Hi Nyclon, I am in the UK with a PSW (Post study work permit) and have a BRP card. I would like to switch to Fiance visa as my partner and I intend to get married in 2013. 

Thank you.


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## Joppa (Sep 7, 2009)

agentsmith said:


> Hi Nyclon, I am in the UK with a PSW (Post study work permit) and have a BRP card. I would like to switch to Fiance visa as my partner and I intend to get married in 2013.


You can't apply for fiancé visa/leave to remain in UK. You have to go home and apply there. The only leave you can switch into is partner (spouse) following your marriage. If marriage cannot or doesn't take place until after the expiry of your PSW visa, then you have to leave the country, and apply for fiancé visa nearer to your wedding date.

So if you want to continue in work, you must marry before your current visa expires and then apply for leave to remain as partner, and there will be no interrruption in your work.


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