Confusing Immigration Officers...

Here's the situation:

I'm a UK citizen living in the UK.  My fiancee is a US citizen living in the US.  We're planning to get married in the UK in August.  She's also starting university in the UK in September.  I've phoned the immigration office a number of times about what kind of visa to get and I always get different answers.  Sometimes they say she can get a student visa and after we're married she can get 'further leave to remain'.  This seems preferable as a student visa is much simpler to get (providing you've got into a university) and I think it's cheaper.  But other times they tell me she needs to get a fiancee visa.  Does anyone have any thoughts or past experience of what to do about this?  Is there anyway to get clarification that will mean something when applying for the visa?

A couple of problems I can see with the student visa - when they ask you if you intend to leave the UK at the end of your studies, her answer would obviously be no.  Also, would they get supicious (i.e. think she's trying to get in on a student visa in order to get married)?  Any advice would be great!

Pete

We're planning to get married in the UK in August.  She's also starting university in the UK in September.

It would seem that the logical progression is marriage then school.  So if that's the case, why not a fiancée visa as marriage comes first?

I've phoned the immigration office a number of times about what kind of visa to get and I always get different answers.

Don't feel bad, I've had that happen too.

Sometimes they say she can get a student visa and after we're married she can get 'further leave to remain'.

Now this seems really odd because they've just changed the laws so that you can not change your status once you are in the United Kingdom; you must do it from your home country.  There have been a few people on some forums that have had to go back to the US to change their status.  However, from what I can remember, none were in your situation.

But other times they tell me she needs to get a fiancee visa.

I would think that the fiancée visa would be best, merely because it shows your true circumstances and the fact that your future wife intends to reside in the UK longer than her period of study.

It couldn't hurt, however, to consult an immigration lawyer, especially if you are getting the conflicting information from the Home Office.  Also, it may be worth writing the HO and getting their recommendations in writing.

I would also check with her school and see if her fees or such would change if she were to come on a fiancée visa, just so you have no nasty surprises.

Just to clarify - if you are in the UK on a visa which is for longer than 6 months, i.e. a student visa for longer than 6 months study or a work visa for longer than 6 months, then you can apply for FLR within the UK if you marry whilst on that visa.  It is only those who come in on visas for 6 months or less who have to return, i.e. anyone here on the normal 6 month "visitor" stamp.

However, I agree with Caitlinn that you should probably simply apply for the fiancee visa.  It's more money, but it also means everything is completely on the up-and-up with no worries about Immigration or the Home Office!

Welcome to the forum, Pete.
I think that you can expect the confusing answers from officials to keep coming, unfortunately. If we're voting though, I agree with the fiancee visa. It's more expensive, but it really isn't too much of a hassle once you get the paperwork in order, and it would really cover all the bases and make things run smoother, in my humble opinion. It seems to me to be the most straight-forward way to get into the country in her situation, and ease is EVERYTHING... so worth the extra cash I'd think. But that's just me. Good luck no matter waht you decide!