Tier 4 student Visa changing to Family Visa

Hello all, I'm very happy to have been referred to this site. After looking through some of the posts it seems like I'm in the right place to ask my questions 

I met my partner online, which did initially prompt me to visit the UK in 2019 and eventually change where I was attending University. By luck, it happened that I could switch my GI bill to the University of Bristol, where my partner was attending so we could actually have the time to get to know each other and I got to pursue a degree I love. Fast forward to now-we've been dating for 4 years and known each other for 5.

We're now considering getting married and trying to navigate through the process. The gov.uk website is sometimes vague about the requirements. So here's the run down of our situation and my questions;

I am American, she's from the UK.
We have lived together for a year, though we have messages going back 5 years of us talking, and sending pictures back and forth. She's traveled to the US to see me twice and I have come to the UK twice. Though, the 2nd time was to start my education-I haven't left since then.
We have approximately 30K GBP saved up between the two of us, but make approximately 32K GBP gross annually. I should also state that she earns enough at her job to cover the income requirement alone and that my income is a retirement provided by the US government.
I already hold a Student Visa with Leave to remain for a specified time and a BRP.

According to https://www.gov.uk/uk-family-visa is says that if I came here on a different Visa, that I may be able to swtich to a family visa to stay with a spouse or partner; but that the student Visa is excluded from this. Further, it says that I can apply to stay with them as a dependent instead.

How would I go about switching? Do I even need a fiance visa since I'm already in the UK, or could we go and apply to get married while I'm here-then apply for the family Visa? I'm not sure of the order I should be applying for things in. If we should be getting married then getting a Visa or getting a Visa, then getting married. Additionally, what does it mean to apply to be someone's dependent?

Welcome to UKY!

I should also state that she earns enough at her job to cover the income requirement alone and that my income is a retirement provided by the US government.

If her income alone is sufficient to meet the financial requirement, it'll likely be simplest and easiest to just use that.

According to https://www.gov.uk/uk-family-visa is says that if I came here on a different Visa, that I may be able to swtich to a family visa to stay with a spouse or partner; but that the student Visa is excluded from this. Further, it says that I can apply to stay with them as a dependent instead.

I suspect there may be some mixing up of different routes here - between applying while you are a student in the UK to remain in the UK with a UK partner, or applying to live in the UK with a non-UK student who is in the UK with a student visa (but neither of you are settled in the UK).

For example, if your partner was also American and in the UK with a student visa, and you didn't already have your own visa, you would be applying as a dependent on your partner's visa to live in the UK with your partner while s/he completes his/her studies. As your partner is a UK citizen, you would need to apply for a family visa, which you're allowed to do in the UK with a student visa (assuming your student visa is valid for more than 6 months, which I am assuming).

How would I go about switching? Do I even need a fiance visa since I'm already in the UK, or could we go and apply to get married while I'm here-then apply for the family Visa? I'm not sure of the order I should be applying for things in. If we should be getting married then getting a Visa or getting a Visa, then getting married.

You can get married in the UK, and then apply to switch your student visa to a family visa once you are married.

Welcome!

As long as you're living in the UK on a student visa which is longer than 6 months, you can go ahead and marry here as mentioned.

After that, you can apply for FLR(M) https://www.gov.uk/government/publications/apply-to-extend-stay-in-the-uk-as-a-partner-or-dependent-child-form-flrm

Financial requirement document- https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

Specified evidence requirements- https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Just an FYI as things are opening up again more.

I was living and working in the UK when I met my now husband (we dated for a year, lived together for a year, then married).  We actually married in NYC because it was a lot easier and no matter where we married, neither of us would have had all of the people we wanted present, present. 

It may be that you just want to get the marriage "on paper" earlier and have a ceremony later.  No one needs to know you are already married.   

It may be that you just want to get the marriage "on paper" earlier and have a ceremony later.  No one needs to know you are already married.   

Yes, that is exactly what we were thinking of doing. At least until we can get any friends or family involved for an actual ceremony. For now the goal was just to ensure that we can still be together, rather than becoming strictly long distance. 

Another question I'm curious about; as far as I know after we get marrried I am not allowed to work? And I think that makes sense if my partners income is the only income examined. However, am I allowed to continue any studies in the UK*after* we got married? or is this something I need to wait for as well?

Welcome!

As long as you're living in the UK on a student visa which is longer than 6 months, you can go ahead and marry here as mentioned.

After that, you can apply for FLR(M) https://www.gov.uk/government/publications/apply-to-extend-stay-in-the-uk-as-a-partner-or-dependent-child-form-flrm

Excellent, thank you very much for this link. I've looked at the financial requirements doc link posted as well. From what I can tell we fall under a couple of categories.

I fall under Category E, with addition from my US based income which will be converted through Oanda for the date of the application.
My partner falls under category A, where in she meets the minimum financial requirment through employment of over 6 months, in addition to money in a Savings account.

My only concern here is that there is a mention of savings being required to have both of our names on the account. However, we share no bank accounts.

I'm wondering about the process again; how does this typically work with regards to being "subject to immigration control". From our council's register website, it states that I am subject to it if I am not a citizen. This makes sense, because I'm on a Tier 4 student visa currently. Because of this, the registers office wants at least 71 days notice before being married, however in the next line it's stated to give a 71 day notice if I don't have a BRP (I do have one). So ideally, it looks like the process here is to give notice to the registers office of our intent to marry. Show up with the documents, then fill out the FLM(M) form following our actual marriage?

There is a mention of something called Document Clearance, wherein documents have to be "cleared". I'm not sure what this means, if this is a just a fee for processing any documents? or if this just to "clear" documents such as divorce decrees. I have a divorce decree-and I'm wondering if copies are enough, or if having the original is a requirement, if so, this would push back the date in order to get it sent here to the UK.

Another question I'm curious about; as far as I know after we get marrried I am not allowed to work? And I think that makes sense if my partners income is the only income examined. However, am I allowed to continue any studies in the UK*after* we got married? or is this something I need to wait for as well?

As long as you are fulfilling the terms of your student visa, it continues to be valid until it expires or FLR(M) is granted so if your student visa permits a certain number of hours of work, then you'll still be able to do this.
When you get FLR, you'll be able to study and work as much as you want.

Excellent, thank you very much for this link. I've looked at the financial requirements doc link posted as well. From what I can tell we fall under a couple of categories.

I fall under Category E, with addition from my US based income which will be converted through Oanda for the date of the application.
My partner falls under category A, where in she meets the minimum financial requirment through employment of over 6 months, in addition to money in a Savings account.

My only concern here is that there is a mention of savings being required to have both of our names on the account. However, we share no bank accounts.

I'm wondering about the process again; how does this typically work with regards to being "subject to immigration control". From our council's register website, it states that I am subject to it if I am not a citizen. This makes sense, because I'm on a Tier 4 student visa currently. Because of this, the registers office wants at least 71 days notice before being married, however in the next line it's stated to give a 71 day notice if I don't have a BRP (I do have one). So ideally, it looks like the process here is to give notice to the registers office of our intent to marry. Show up with the documents, then fill out the FLM(M) form following our actual marriage?

There is a mention of something called Document Clearance, wherein documents have to be "cleared". I'm not sure what this means, if this is a just a fee for processing any documents? or if this just to "clear" documents such as divorce decrees. I have a divorce decree-and I'm wondering if copies are enough, or if having the original is a requirement, if so, this would push back the date in order to get it sent here to the UK.

For the financial requirement, keep it simple. If your fiancee meets the requirement using just her income, then go that route. Or income plus savings if her income is insufficient.
Don't mess around with currency conversions and US other income unless you need to.

As KFD suggested,  it's a lot easier just to fly to New York or Las Vegas, where you can get married in a weekend. If you want to marry in the UK, I think Scotland is easier than England.

Don't submit the FLR application until after you're married, correct. The copy of your divorce decree that you received at the time should be fine.

As Larabee said, your working/studying rights continue until your application is approved.  After approval, no restrictions on working hours, studying, etc.   

That's really helpful all, thank you very much.

I've called up the local registers office to setup a time/date. Unfortunately, it is a long wait due to the amount of people trying to get married during the pandemic. Though this isn't an issue.

I have one more relevant question on this topic. What happens if we get married and I lose my student visa (as in, I cannot afford to attend again, or just choose not to)? I would have filled out the FLM(M) form already but would that continue to give me 'Indefinite Leave to Remain' given that this was previously something I had through my student visa?

My assumption is that at that point I would still have right to remain-and would just need to begin the process to start the "family visa" asap while still in country.

That's really helpful all, thank you very much.

I've called up the local registers office to setup a time/date. Unfortunately, it is a long wait due to the amount of people trying to get married during the pandemic. Though this isn't an issue.

I have one more relevant question on this topic. What happens if we get married and I lose my student visa (as in, I cannot afford to attend again, or just choose not to)? I would have filled out the FLM(M) form already but would that continue to give me 'Indefinite Leave to Remain' given that this was previously something I had through my student visa?

My assumption is that at that point I would still have right to remain-and would just need to begin the process to start the "family visa" asap while still in country.

To clarify, the student visa gives you limited leave to remain, not indefinite leave to remain. The latter takes 5 years of partner visas to achieve.
You would have to have applied while your student visa was still valid.

To clarify, the student visa gives you limited leave to remain, not indefinite leave to remain. The latter takes 5 years of partner visas to achieve.
You would have to have applied while your student visa was still valid.

Right, sorry. I'm confusing the terms there. 

That makes sense. Thank you again for the quick reply.

Hi all,

Just wanted to update this post.

We've had our meet at a registers office for a civic ceremony, done the interview process to prove we're a real couple. The letters have arrived saying that there will be no further investigation into our relationship. They suggest that we need to get the appropriate Fiance/Marriage Visa's. Based on what was talked about here before, I'm assuming I don't need this.

With that, I think the only thing left is to wait till the date and then fill out the FLR(M)- and continue my degree at Uni.