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WHV to Spouse - what's that 6 month rule all about?

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Ness
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Posts: 27
Joined: Sat Feb 04, 2006 9:16 am
Location: UK

WHV to Spouse - what's that 6 month rule all about?

Post by Ness » Mon Feb 06, 2006 11:25 am

Hiya,
I'm in the UK on a WHV at the moment.
My partner and I are going to marry.
At the moment it looks like we'll be marrying in Malta on our holiday in May.
We'd return to the UK on May 13 and submit paperwork pretty much straight away for me to switch to Spouse.
My WHV expires on 30 Oct, which means we'd be applying with 5.5 months left on my current visa, not 6.

What is the 6 month rule all about? I thought it was just that I couldn't switch to a Spouse visa if I had a visa of less than 6 months. But my visa is a 2 year visa.

I'm confused! Would our application be refused because I had less than 6 months left on my visa?? Can anyone point me to a Home Office website which clearly states this? The Immigration Rules are worded confusingly.

Many thanks for any/all replies

Ness

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Feb 06, 2006 11:40 am

What is the 6 month rule all about? I thought it was just that I couldn't switch to a Spouse visa if I had a visa of less than 6 months.
Are you getting confused? There is indeed a "no switching" rule but that clearly does not apply to you given that your visa was issued for a two-year period.

I can't see any problem with your plan. That is, after the marriage in Malta, you would apply for a two-year spouse visa using form FLR(M).

Then near the end of that two-year spouse visa you would apply for ILR, and following the grant of that, if your husband (as he will be) is British, it looks like you can apply for naturalisation immediately you have ILR.

If he is not British ... his immigration status in the UK?
John

Ness
Newly Registered
Posts: 27
Joined: Sat Feb 04, 2006 9:16 am
Location: UK

Post by Ness » Mon Feb 06, 2006 11:49 am

John thanks so much for your fast reply.

I think I may be getting confused. On another forum I read someone advise somebody in the same situation as me, that they'd have to apply when they still had 6 months remaining on their WHV.

I read the Immigration Rules 284 (i) which I couldn't work out if it meant I could apply to switch to spouse because I had an initial visa greater of 6 months, or if it meant I could not apply coz I'd have less than 6 months remaining.

I looked at the FLR(M) form last night and it did not indicate I would be ineligible, so we were starting to think it'd be possible...

Thanks

Ness

PS Yes spouse is UK born and bred.

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