transferring from Tier 2 ICT to Spouse

Please excuse my ignorance this is the first forum I have found and thought it would be easier to just ask the question rather than get bogged down googling and getting confused!!

My partner arrived in the UK just over 2 years ago on a Tier2 ICT visa which I believe will now run out in 2022
We are both married but separated from our partners and have been seeing each other for 18 months, long story short and sparing you the fluffy romantic details I am looking for some advice about how he can stay.

Our next problem is that the company he is working for is going through some rather large shifts at the moment and he is worried he will be no longer be required before the 2022 end date. Would he be able to apply to different companies or does he need to have another visa to do this.

Again please excuse my ignorance

Hopefully someone can help us

He cannot switch to another work permit type visa if that is what you are asking about. He would be subject to a 12 month cooling off period outside the UK before he could apply for a Tier 2 General work visa.

He could look at Tier 4 student visa, which will restrict his working though.

Or Tier 1 Entrepreneur to start a business or join a business and has access to £200k.

What is your UK immigration status?

Thank you

I am British
We are both in the process of divorcing our current partners and although have spoken about marriage in the future its not something we would want to do 'just so he can stay' I always think that seems a bit whirlwind and dodgy if I'm honest.
We have known each other for a long time through work but only been a couple since he arrived in the UK.

It is not a definite that he will loose his position within the company so he could very well be here until 2022 with no issues but we would like to find out other options just incase they do let him go.

To qualify for an unmarried partner visa (based on your relationship and you being British), he would need to demonstrate with rock solid evidence, that you have been living together in a relationship akin to marriage for a minimum of 2 years. This is a mandatory requirement. If you don't have that, an unmarried partner visa will fail.

Ok so our options are pretty limited by the seems.
We havent been living together for 2 years id say about a year so we could just wait and hope that his work doesnt dry up!
Other than that we push our divorces through and run away to Gretna Green!!
if..... and its a big if!!......thats the case and he apples for a family visa, does that then mean he can work here for any company?

thats the case and he apples for a family visa, does that then mean he can work here for any company?

Correct yes and if he is in the UK and still has a valid visa, he can apply for a spouse while here, no need to return to home country to apply.

Thank you for your help, sorry to keep on....but if he was to be sent back home because the company decided to close his position off, you mentioned the cooling off period and then having to apply for a Tier 2 General Visa.
Does that mean he has to have a job secured before he can come back?

you mentioned the cooling off period and then having to apply for a Tier 2 General Visa.
Does that mean he has to have a job secured before he can come back?

Correct yes. He would need to find a tier 2 sponsor on the official HO sponsor list who has completed the resident labour market test to prove to HO that there is no British/EU or settled person for the job. This is required before he can be offered the job and before the company can request a restricted Certificate of Sponsorship at the monthly HO allocation meeting. Once the RCoS is approved, only then can he apply for the visa from home country.

What about.......he goes home..... I go over and we get married at the South African equivalent of Gretna Green....... can he then apply for a family visa to come back with me??

im clutching at straws I know

Yes, theoretically, provided you meet the financial requirements and he meets the English requirements and you can evidence adequate accommodation.

Also provided you both have your divorce decree absolute as you will both have to submit the originals to prove you were free to marry.

Note that spouse visas from abroad can take up to 60 days or more to be processed.

Easier to marry in the UK and switch to a spouse visa though (cheaper too).

thanks again........not ideal but looks like i'll start practicing how to spell my new surname!!!!