Archived UK Tier 1 (General) points system forum. This route no longer exists.
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ag113276
- Newly Registered
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- Joined: Sun Sep 06, 2009 5:27 pm
- Location: UK
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by ag113276 » Sun Sep 06, 2009 5:43 pm
Hi Everyone
My Fiancee and I currently live in the UK and want to get married and stay here.
Simple enough? I think not which is why I am here.
She is a US national with a Tier 1 General Visa with just under 2 1/2 years left.
We worked together for a Global company since 2004 and have lived together in the UK since Feb.
I myself am a UK national.
She actually gave up her highly paid job to come to the UK to be with me and make a life here.
My question is this:-
If we get married, the home office suggests that the marriage/spousal visa requires a period of 6 months before she can apply to work.
She is already here and working under a Tier 1 General (HSMP) Visa.
Will she still be able to work after we are married (Under her current and valid tier 1 visa) and just count six months before applying for the spousal visa or will she have to wait 6 months?
She has a Highly skilled job, pays tax and works hard. If marrying her means she will have to quit work and become a burden to our broken economy for 6 months due to the marriage visa superseding her Tier 1 visa we would seriously think about taking our skills to the USA where the policy seems sensible.
Any guidance appreciated.
Regards
Adam
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SKUK
- Member of Standing
- Posts: 252
- Joined: Sun Dec 16, 2007 3:59 pm
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by SKUK » Sun Sep 06, 2009 8:10 pm
Since she is already in UK on Tier 1 and has more than 6 months leave remaining, she will be able to switch as your partner. you have to apply for a COA to get married in UK. I believe she can continue to work while her application is in process and does not have to leave her job.
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confusedhsmp
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- Joined: Thu Apr 05, 2007 10:30 pm
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by confusedhsmp » Mon Sep 07, 2009 8:43 am
If you both are already living together for more than two years, she can apply for Indifinite Leave to Remain as cohabiting partner/couple. YOu both would need to prove your residence in same property by way of 20+ proof of address over 2 years.
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SKUK
- Member of Standing
- Posts: 252
- Joined: Sun Dec 16, 2007 3:59 pm
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by SKUK » Mon Sep 07, 2009 10:01 am
confusedhsmp wrote:If you both are already living together for more than two years, she can apply for Indifinite Leave to Remain as cohabiting partner/couple. YOu both would need to prove your residence in same property by way of 20+ proof of address over 2 years.
She has to first switch to a married/partner visa and stay two years on that before applying for settlement (ILR).
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maximux79
- Member
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- Joined: Mon Feb 23, 2009 3:09 pm
Post
by maximux79 » Mon Sep 07, 2009 2:04 pm
If she's alredy inside UK on Tier 1 visa as main applicant (not as dependent), then her marital status doesn't affect her VISA status...
ag113276 wrote:Hi Everyone
My Fiancee and I currently live in the UK and want to get married and stay here.
Simple enough? I think not which is why I am here.
She is a US national with a Tier 1 General Visa with just under 2 1/2 years left.
We worked together for a Global company since 2004 and have lived together in the UK since Feb.
I myself am a UK national.
She actually gave up her highly paid job to come to the UK to be with me and make a life here.
My question is this:-
If we get married, the home office suggests that the marriage/spousal visa requires a period of 6 months before she can apply to work.
She is already here and working under a Tier 1 General (HSMP) Visa.
Will she still be able to work after we are married (Under her current and valid tier 1 visa) and just count six months before applying for the spousal visa or will she have to wait 6 months?
She has a Highly skilled job, pays tax and works hard. If marrying her means she will have to quit work and become a burden to our broken economy for 6 months due to the marriage visa superseding her Tier 1 visa we would seriously think about taking our skills to the USA where the policy seems sensible.
Any guidance appreciated.
Regards
Adam