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Discussion Starter · #1 ·
Hi everyone,

My (American) fiance is currently in the UK on a tier 5 fiance visa, but is planning to go back to America a couple of weeks before the visa officially ends and apply for a fiance visa. Does she have to wait until the tier 5 visa officially runs out or can she apply for the fiance visa before it runs out?

Thanks for all the help in advance!
 

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If she is on a visa originally issued longer than 6 months, she can get married on her current visa and there's no need to apply for fiancée visa. After marriage she can switch to spouse leave without leaving the country.
She can if she wants to apply for fiancée visa back home, but why waste a big fee and go through the hassle when she can marry now?
 

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Discussion Starter · #5 ·
If she is on a visa originally issued longer than 6 months, she can get married on her current visa and there's no need to apply for fiancée visa. After marriage she can switch to spouse leave without leaving the country.
She can if she wants to apply for fiancée visa back home, but why waste a big fee and go through the hassle when she can marry now?
Thanks Joppa, that's very promising. Do you have a link to further information/an official statement of this on the UKBA website as I'm struggling to find one?
 

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Thanks Joppa, that's very promising. Do you have a link to further information/an official statement of this on the UKBA website as I'm struggling to find one?
This page specifically states that if one is here as a Visitor (i.e. tourist), one cannot switch from Visitor to Spouse. As she is not here on a Visitor visa, she is entitled to get married as soon as the law will allow (i.e. after you give the appropriate notice).

This page details what one must do if one wishes to extend their stay as the spouse of a Person Settled in the UK.

I would recommend going for a same-day PEO appointment... it's more £££ to apply this way, but usually you can get a decision on the application on the day (as opposed to having to wait a few months if lodging the application through the post).

Good luck to you! :)
 
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