Must a HSMP holder switch to Spouse visa once married?

Hello all,

I'm on a 2yr HSMP visa valid until Oct '09. My long term plans include settling here in UK as my gf is a born British citizen and is based here in UK. We plan on marrying around the end of next yr (late 2009/early 2010) - which means by the time I get married I'll have extended my HSMP (i.e. Tier 1) for another three yrs till Oct 2012.

I was wondering if senior/knowledgeable members on this board can voice their thoughts on the following:

1. Do I *have* to switch to the spouse visa after my marriage, or can I continue on HSMP and then apply for ILR? I understand one of the benefits of being on spouse visa is that I can apply for ILR after two yrs - so in a way I could get ILR a yr sooner than HSMP visa. Other than that, are there any other benefits to being on a spouse visa?

2. When I apply for my HSMP extension around Oct '09, I'm assuming I'll need to provide my bank statements for proof of income. On my current account here in UK I have added my gf as the joint owner of the account, although her paychecks get deposited in her own current account. Would it be a problem for HSMP extension if they saw my gf's name on the bank statement alongwith mine?

3. It used to be that one could stay on ILR in UK their whole life. Is this still an option or ILR must be converted to citizenship now..? Besides being able to vote in national elections and visiting Schenegan countries w/less hassle, are their any specific benefits to being a British citizen if you could stay on ILR your whole life? I found out I can already vote in local elections being a Commonwealth national. Not being negative towards being a British citizen, just trying to find out the differences as part of my research.

Thanks in advance for any answers.

Few comments:
- You can keep the ILR all your life, only problem is if you decide to move abroad for a long period, then you may loose ILR (two years or so...); makes sense to get citizenship...
- I would keep the HSMP if I could pass the requirements for renewal. Why? no one can guarantee that the relationship will survive the marriage, UK statistcs show a high number of divorces. If you have HSMP you can divorce her without any effect on your immigration status. If you change to spouse visa, then there will be the risk of not only suffering from the divorce but in addition to that you may not be able to stay in the UK...so, HSMP may cost more, however it will provide you with a safe net in case things don't work out (we all hope things work out, however there is no guarantee)

best of luck; keep researching your options.

try-one wrote: no one can guarantee that the relationship will survive the marriage, UK statistcs show a high number of divorces. If you have HSMP you can divorce her without any effect on your immigration status. If you change to spouse visa, then there will be the risk of not only suffering from the divorce but in addition to that you may not be able to stay in the UK...so, HSMP may cost more, however it will provide you with a safe net in case things don't work out (we all hope things work out, however there is no guarantee)

best of luck; keep researching your options.

haha... thanks try-one, however i didn't ask the questions from that perspective

i think questions 1 and 3 are taken care of from your response. any idea regarding my second question in the first post...

jagacharaja wrote:

try-one wrote: no one can guarantee that the relationship will survive the marriage, UK statistcs show a high number of divorces. If you have HSMP you can divorce her without any effect on your immigration status. If you change to spouse visa, then there will be the risk of not only suffering from the divorce but in addition to that you may not be able to stay in the UK...so, HSMP may cost more, however it will provide you with a safe net in case things don't work out (we all hope things work out, however there is no guarantee)

best of luck; keep researching your options.

haha... thanks try-one, however i didn't ask the questions from that perspective

i think questions 1 and 3 are taken care of from your response. any idea regarding my second question in the first post...

Just curious..you've added her as a nominee on your account but has she done likewise with hers?

Personally I`d suggest waiting until marriage before adding your partner on to your account etc

thirdwave wrote:Just curious..you've added her as a nominee on your account but has she done likewise with hers?

Personally I`d suggest waiting until marriage before adding your partner on to your account etc

hi thirdwave - just so i'm clear - is your advice pertaining specifically to my question of hsmp extension, or regarding your curiosity?

1 - You don't have to. And I'm not sure if the 1 year before ILR advantage for a spouse visa would still be around then, as they could change those rules too.

2 - I don't think this would be a problem. You could also submit another account (savings, ISA) that is just in your own name.

3 - Yes, those are the main advantages of citizenship over ILR as far as I know. You are also protected from deportation in case you are convicted of anything (and this could be from just being in the wrong place at the wrong time or being wrongfully convicted of a crime).