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WHM visa to Spouse Visa

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

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shinyhorn
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Joined: Thu May 06, 2010 3:24 pm

WHM visa to Spouse Visa

Post by shinyhorn » Mon May 10, 2010 7:35 am

I am in the UK as a Working Holiday Maker and have 4 months remaining on my visa. I have been living with my boyfriend who is a British Citizen. We have been together for 4 years - we previously lived together in Australia, but had a year apart when his Australian Visa expired, although we did visit each as much as we could other during this time. We plan to marry soon and I have decided that I would like to stay here for one more year. My questions are....

How can I go about moving on to a Spouse visa from WHM? I understand I have less that 6 months remining on my Visa, making this a little difficult.

Can I move onto a Fiance Visa, then move onto a Spouse Visa?

Can I continue to do the work I was doing on my WHM Visa if a Spouse Visa is granted?

I'm a teacher, so have mid-July to mid-September to get as much of this sorted as possible. As much help as possible on this would be greatly appreciated :? . Thanks!
Last edited by shinyhorn on Tue May 11, 2010 8:14 pm, edited 1 time in total.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: WHM visa to Spouse Visa

Post by Wanderer » Mon May 10, 2010 9:16 am

shinyhorn wrote:I am in the UK as a Working Holiday Maker and have 4 months remaining on my visa. I have been living with my boyfriend who is a British Citizen. We have been together for 4 years - we previously lived together in Australia, but had a year apart when his Australian Visa expired, although we did visit each as much as we could other during this time. We plan to marry soon and I have decided that I would like to stay here for one more year. My questions are....

1. How can I go about moving on to a Spouse visa from WHM? I understand I have less that 6 months remining on my Visa, making this a little difficult.

2. Can I move onto a Fiance Visa, then move onto a Spouse Visa?

3. Can I continue to do the work I was doing on my WHM Visa if a Spouse Visa is granted?

I'm a techer, so have mid-July to mid-September to get as much of this sorted as possible. As much help as possible on this would be greatly appreciated :? . Thanks!
1. Worth trying, AIUI it's allowed though u do need six months...

2. No, fiancee visa can only be applied for abroad.

3. Yes, provided ur employer is happy with you seeming to have no valid visa. Can cause issues as the fines are enormous so the employer errs on the side of caution.

Have u over worked on the WHM visa?
An chéad stad eile Stáisiún Uí Chonghaile....

vinny
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Post by vinny » Mon May 10, 2010 10:19 am

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shinyhorn
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Posts: 6
Joined: Thu May 06, 2010 3:24 pm

Post by shinyhorn » Tue May 11, 2010 8:13 pm

Thanks,

I had it in my head that you were unable to work on an Unmarried Partner Visa, but I have read that you can - am I correct? Can you work immediately? In proving the 2 years of living together, is it a problem that we lived apart for 1 year? We were still together - just residents of different countries. Before that we lived together in Australia for over 1 year, and have been living together again here in the UK since September 2008.

Being a teacher, my holidays begin in July, and I am due to go back to work in mid-September. I therefore have the opportunity to go back to Australia to make a Spouse Visa application if that is my only, or a better, option.


If I go back to Australia and make the Spouse Visa application form there, what is the application time-frame? Also, is there a chance of it being denied? My WHM Visa expires in early September, and I would like to return to my teaching job in mid-September.

I have not overworked on my WHM Visa. I have always, and intend to always do everything by the book. That's why I'm so concerned about continuing my job after my WHM visa expired, seeing as I am not allowed to be here searching for permanent work.

Many thanks for any help!

PaperPusher
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Location: London

Post by PaperPusher » Tue May 11, 2010 8:43 pm

Read the visa, it should say something about 12 months work only. So, do not work more than twelve months. I hope that you haven't done this.

If you have an application oustanding your old visa conditions apply, so the twelve months' work rule still applies until you get something else.

I hope you haven't been doing something silly such as assuming beacause you haven't worked weekends you can add them to the twelve months!

You can work on an unmarried partner's visa.

People do get them when they have lived in different countries for a time with short periods apart.

Timeframes for visas will be on the website in the country you apply from.

shinyhorn
Newly Registered
Posts: 6
Joined: Thu May 06, 2010 3:24 pm

Post by shinyhorn » Tue May 11, 2010 8:51 pm

PaperPusher wrote:Read the visa, it should say something about 12 months work only. So, do not work more than twelve months. I hope that you haven't done this.

If you have an application oustanding your old visa conditions apply, so the twelve months' work rule still applies until you get something else.

I hope you haven't been doing something silly such as assuming beacause you haven't worked weekends you can add them to the twelve months!

You can work on an unmarried partner's visa.

People do get them when they have lived in different countries for a time with short periods apart.

Timeframes for visas will be on the website in the country you apply from.
Thanks for your advice, very helpful :)

On my WHM I haven't overworked at all. I didnt' work at all for the 1st year, and have only worked less than 6 hours a week since October during school terms, and even continuing through to the expiry Visa will be totally within the 12 months. I'm not silly, that's why I'm trying to make sure I don't miss anything with the next Visa application. I'm not worried about my current Visa at all, I just need to find the best option for my next application.

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