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Marriage on Tier 5 (YMS) Visa - Timings and Options

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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hmbb84
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Marriage on Tier 5 (YMS) Visa - Timings and Options

Post by hmbb84 » Mon Feb 25, 2019 2:33 pm

Hello All,

I have been reading up on this topic and am trying to get my head around the available options available to us, but I would really appreciate to get some opinions and assistance from the people on this forum.

I am a British citizen and met my partner (around 15 months ago) whilst she was in the UK on a Tier 5 (YMS) visa. Her visa is set to expire at the end of Aug 2019 and, unfortunately, we recently learnt that her employer is no longer willing to apply for a Tier 2 visa for her position.

We had always intended to marry, but with these latest developments it seems that we may have to do this earlier than we thought if she is to remain living and working in the UK.

From my understanding, we will need to give notice of our marriage at a designated registry office who advise this to the HO and it may take upto 70 days before this is granted. Assuming this is eventually granted, it looks like we have to get married within 1 year.My question is, can she apply for a spouse visa during this period? (i.e. following the confirmation of our notice to marry).

It would be ideal if this was possible as it would give us a lot more time to budget and plan for the kind of wedding we both want, rather than a relatively rushed and low-key event.

Would be great to hear your thoughts.

Many thanks

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CR001
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Re: Marriage on Tier 5 (YMS) Visa - Timings and Options

Post by CR001 » Mon Feb 25, 2019 2:45 pm

From my understanding, we will need to give notice of our marriage at a designated registry office who advise this to the HO and it may take upto 70 days before this is granted. Assuming this is eventually granted, it looks like we have to get married within 1 year.My question is, can she apply for a spouse visa during this period? (i.e. following the confirmation of our notice to marry).
The getting married within 1 year is not a Home office requirement for visas.

If you are not married, you cannot apply for a spouse visa. You have to apply for an unmarried partner visa, which requires mandatory evidence of 2 years cohabitation in a relationship akin to marriage showing joint financial commitments etc and you have to meet the financial requirements etc.
Char (CR001 not Casa)
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Casa
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Re: Marriage on Tier 5 (YMS) Visa - Timings and Options

Post by Casa » Mon Feb 25, 2019 2:50 pm

hmbb84 wrote:
Mon Feb 25, 2019 2:33 pm
Hello All,

I have been reading up on this topic and am trying to get my head around the available options available to us, but I would really appreciate to get some opinions and assistance from the people on this forum.

I am a British citizen and met my partner (around 15 months ago) whilst she was in the UK on a Tier 5 (YMS) visa. Her visa is set to expire at the end of Aug 2019 and, unfortunately, we recently learnt that her employer is no longer willing to apply for a Tier 2 visa for her position.

We had always intended to marry, but with these latest developments it seems that we may have to do this earlier than we thought if she is to remain living and working in the UK.

From my understanding, we will need to give notice of our marriage at a designated registry office who advise this to the HO and it may take upto 70 days before this is granted. Assuming this is eventually granted, it looks like we have to get married within 1 year.My question is, can she apply for a spouse visa during this period? (i.e. following the confirmation of our notice to marry).

It would be ideal if this was possible as it would give us a lot more time to budget and plan for the kind of wedding we both want, rather than a relatively rushed and low-key event.

Would be great to hear your thoughts.

Many thanks
The Home Office permission to marry doesn't give any right to remain in the UK. You can only apply for the Spouse visa under a FLR(M) application once the marriage has taken place.

Will you be able to meet the minimum income level of £18,600 p.a ?

Even if your partner's employer had agreed to sponsor her for a Tier 2 visa, she would have been required to return to her home country to submit the application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

hmbb84
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Joined: Mon Feb 25, 2019 1:57 pm

Re: Marriage on Tier 5 (YMS) Visa - Timings and Options

Post by hmbb84 » Mon Feb 25, 2019 4:16 pm

Thank you both for your replies.

So it looks like the only way she is able to continue to stay in the UK is for us to get married and obtain a spouse visa before her tier 5 visa expires. I guess the only other option, or if her tier 5 expires before we are granted a spouse visa, is for her to return to her home country and we apply for a fiancee visa to return to the UK and we marry within the 6 month validity period of that visa?

Yes - we are able to meet the income requirements for the spouse visa, so I'm hoping this will be a straightforward application once we are married.

Thanks again

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Re: Marriage on Tier 5 (YMS) Visa - Timings and Options

Post by CR001 » Mon Feb 25, 2019 4:22 pm

is for her to return to her home country and we apply for a fiancee visa to return to the UK and we marry within the 6 month validity period of that visa?
The difference with this is that she won't be able to work on a Fiance visa or avail of free NHS. You will have to marry within the 6 months and then apply for the spouse visa before the fiance visa expires.

Note that a fiance visa costs £1523.

A spouse visa, if married, currently costs £1033 plus £1,000 IHS fees.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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