Hello, I'm new here and found the forum by accident while trying to Google for answers. I'm hoping to find some advice here if possible! I'm at a loss because there are so many different types of visas and I have no idea which is the best direction to go in. My fiancée is here in the UK already on a tier 2 work visa. She's a registered nurse and was sponsored by the company she works for. We were due to be married last Dec30th but it was delayed due to national lockdown. We're hoping to reschedule for the end of March once restrictions start easing up. I've tried doing research online and on the gov.uk website but its just a mess. https://www.gov.uk/uk-family-visa/partner-spouse Hopefully the link works but family visa and applying as a spouse seems to me to be the best option but I've can't see any mention of it anywhere else? Is this the right option? The whole process is so worrying. I wouldn't wish this on anyone. Also a few concerns I should mention. At the moment we're not living together as she needs to be close to where she works due to incredibly long hours but we absolutely intend to get our own place together. Will this make things more difficult? We have a joint bank account if that helps. Also on my own I'm just below the financial requirement but on the gov.uk website it says we can use our joint incomes? Together we are well above the requirements. Also one final question. Would it be worth hiring a solicitor when we apply for the switch? Thanks so much for any help you can give.
hi--welcome to the forum. As you know--she can get married with a working visa ( you were going to ) With a tier 2 visa--if it was for 5 years--she can then apply for ILR anyway--married or not. So why would you need a spouse visa ? and why use a solicitor ? my wifes sister was in the UK with a 4 year student visa. She married..then when the visa expired she applied for ILR ( old rules pre 2012 ). Then she got citizenship. And then she got divorced. Just check the can and cant do list for tier 2 visa.
The tier 2 is extremely restricted. She'd have more freedoms on a spouse visa right? So we can just apply for ILR already? The solicitor is because this is clearly over my head
As I understand the rules if your GF can answer yes to the following 4 questions she can apply for ILR in her own right no need for marriage. 1 lived in UK for more than 5 years 2 still employed by a tier 2 sponsor 3.earns £25600 or more 4. Can demonstrate knowledge of English language. She needs to answer no to Have you any unspent convictions? I understand your concern on tier 2 restrictions but what I would do is if she can apply for ILR in her own right then marry then because you are a Brit she can apply for British Citizenship straight away thus saving money and time on the visa chain. Hope this helps NB just need to clarify salery threshold as unsure from your post if she is herd as skilled worker or off the job key worker shortage list
@Ryan Spencer To address some of your concerns Not living together response your a lot closer than I was to my wife when we applied I was in UK she the Philippines. You have to demonstrate a genuine relationship so married yes but demonstrate it's genuine a joint account is a good start Photos, joint correspondence even if they are same subject different address. Benefit of spouse visa is she won't be tied to her sponsorship employer and time already in UK will count to t years. You should be able to joint income
3 years Yea the whole thing is so stressful. I have no reason to believe it'll be declined but its still extremely worrying. Being tied to her sponsor employer is exactly the reason we don't have our own place together already. So we went on holiday together to Scotland between the various lockdowns and we saw each other every single time our days off aligned. Either me going to London or her coming to Kent. She came and spent a few days for an early Christmas before the last lockdown too. We have hundreds of photos.
@Ryan Spencer your GF is on a 3 year visa and completed one year of that she needs as you know to be in UK 5 years for ILR and her current visa time will be part of the 5 years, a spouse visa lasts 2 .5 years and flr 2.5 years although the second one will probably be only 1.5 as the current visa 1 year spouse visa 2.5 years is 3.5 years off the 5. However they will have had 2 lots of fees. You may wish to consider the timing of your applications to save money ie stay on the current visa for 2.5 years apply for spouse visa 2.5 years that's her 5 years and one less visa fee etc
Ryan the process isnt as stressful as you may think once you get the ball rolling, your situation positives are that your good lady is here already in the UK, she works in a sector on the governments Occupation shortage list, she earns in her own right above the financial threshold with you added even better, you are able to demonstrate a true relationship. I cannot see any negatives in your situation All good it will be a walk in the park for you both.
T Thanks so much. I really appreciate it. The whole thing is intimidating. That our future is completely in someone else's hands. Just didn't want to make a mistake or give any reason for it to be rejected. Thanks again!
