UK Tier 5 - switch to Spouse

lauren91 wrote: ↑

Mon Dec 24, 2018 8:47 am

Hello, I’m looking for some advice as I’m a little lost after reading official pages and also forums.

I’ll try to just state the facts and then my questions so I’m clear!

I’m a UK citizen and my fiancé is from Argentina. We have a wedding planned for September, and we were all set for him to apply for the spouse visa from Argentina within plenty of time (but within 6 months) of the wedding.

He’s now been offered a temporary job in the UK for 2 months from April - June, so we’ll apply for the Tier 5 visa for sports and arts.

Ideally, we’d like to switch the visa to the spouse visa whilst he’s here on the Tier 5.

I guess my questions are:

1. Firstly, is this possible? From what I’ve gathered I’m sure it is, but I’d just like another opinion! See point 3.
2. Can we apply for the switch at any point after his arrival on the Tier 5? Switch to what? You can't switch to a fiance visa from within the UK.
3. Does the Tier 5 have to be for longer than 6 months for him to apply to switch? YES but see point 2
4. If the switch fails and the Tier 5 is long enough, can we get married whilst he’s here on a Tier 5 and then apply for the spouse visa afterwards? To marry in the UK while on a Tier 5 visa you would have to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both separately before the wedding can go ahead, should they choose to do so.

I think that’s all my questions. Any info or flags appreciated! I’m trying to cover everything before applying. We’d rather get married than him take the job, but both would be absolutely ideal!

Many thanks!

You have a visitor visa or a visa for 6 months or less

You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less