Switching from Work Permit to Spouse

jjustyy · Post by **jjustyy** » Sat Jun 04, 2005 3:55 pm

Hi,

Not sure if anyone will have the answer to this but here goes...

My fiancee and I will marry very soon (once the COA arrives!). She already has a work permit, but wants to look for other jobs (valid until December).

Can she apply for the FLR (M) even though she has FLR until December? Would there be any complications with this or can they easily void the current FLR in the passport?

Our plan was to go to the PEO and get the FLR (M) done in one day, but I'm worried that because there already is an FLR until December, they will say go away.

Post by **John** » Sat Jun 04, 2005 6:47 pm

jjustyy, you do not say about you. You are British, or at least have ILR?

Assuming that, after the marriage there will be no problem applying for the two-year spouse visa without delay, if that is what your wife (as she will be) wants to do. It will give her better rights, that is the right to work for anyone without needing a Work Permit, and thus she will be more employable than at present (given the reluctance of many employers to get involved in obtaining a Work Permit).

You will appreciate that in order to obtain a two-year spouse visa that it is necessary to pass financial and accommodation tests, and to provide "evidence of contact" so as to show that the marriage is real and not a marriage of convenience. Clearly if there is any problem with any of those tests then the application for the two-year spouse visa should be delayed until sufficient evidence is available.

One benefit of getting the two-year spouse visa sooner rather than later is that it will expire sooner! That is, an application for ILR will need to be made in the last four weeks of the validity of the two-year spouse visa. Getting a spouse visa sooner means being able to get ILR sooner as well.

But the way, when did your fiancée first arrive in the UK? Assuming you are British, once she has ILR and has been here for three years she will be able to able for naturalisation as British.

jjustyy · Post by **jjustyy** » Sat Jun 04, 2005 7:01 pm

Thanks John. Silly me, yes I'm British

That's why we want to make the change as soon as, due to all those extra benefits you mention.

In respect to satisfying the "evidence of contact", we have lived together (and have evidence) for 3 years and have been a couple for 7, so hopefully no problem there. Plus we both work and enough savings.

I was just worried that they might not like converting one FLR to another...

Justin

Post by **John** » Sat Jun 04, 2005 7:12 pm

Hi, fully realising the following is not exactly your circumstances ... someone comes to the UK on a fiancée visa. Such a visa is valid for six months and is issued specifically so that the person can get married in the UK during that six month period.

Then assuming the marriage actually happens after just two months. There is absolutely no problem getting that fiancée visa converted into a two-year spouse visa immediately after the marriage has happened. That is, there is no need at all for that person to wait until near the end of their six-month fiancée visa before applying for their two-year spouse visa.

Likewise, I can't see any reason why your wife (as she will be) can't apply for her spouse visa immediately after the marriage has happened. (Excuse the double negative.)

When did she first start living in the UK?

jjustyy · Post by **jjustyy** » Sat Jun 04, 2005 7:14 pm

Ah I see. She has been studying here from Oct 1998 - August 2004 and has been working under a Work Permit since.

What happens to the current Visa in the passport? Is this voided in some way then?

Post by **John** » Sat Jun 04, 2005 7:34 pm

The current visa/Work Permit? Yes, effectively superseded by the two-year spouse visa, in the same way as the fiancée visa mentioned in my example is superseded by a spouse visa.

Given all that time in the UK, and given that she will be married to a British Citizen, that is, you, as soon as she has ILR she will be able to apply for naturalisation as British, in a little over two years time.

Of course the COA merely gives permission to go to a Register Office and give Notice of Intention to Marry. And the Register Office has got to have been designated under the new regulations, and both of you need to go along in person to the designated Register Office. After the notice has been given :-

The notice will then be published in the Register Office for a period of 15 days. After this period, another document called a 'marriage authority' will be issued. This document is the legal clearance and allows your marriage to take place.

-: so even after the Notice is given you can't possibly be married for over two weeks.

jjustyy · Post by **jjustyy** » Sat Jun 04, 2005 7:39 pm

Thanks for all the info John. Yes have all the notice period etc etc. all planned

I just get very sceptical about dealing with the PEO as the treatment there seems to be a bit Jekyll and Hyde like!

jjustyy · Post by **jjustyy** » Sun Jun 05, 2005 9:38 am

Another question, on the same theme.

If my fiancee were to resign from her job after we have given notice, if the company sends a "Notification of Premature End" to the Home Office, how would that affect her FLR application? Would she still be able to go to a PEO and apply for the FLR (M) or would she have to leave the country and apply from her home country?

Post by **John** » Sun Jun 05, 2005 9:58 am

Personally I am not sure about that ... but would say this ... it is an unnecessary risk ... don't cause unnecessary complications. Just my opinion.

However, is she would prefer to apply for her spouse visa in her own country, then absolutely no problem in her handing in her notice. After all, the in-UK fee going down the FLR(M) route at a PEO will cost £500 .... but going down the VAF2 route at a British Embassy/Consulate/HC abroad will "only" cost £260, or rather the equivalent of that amount payable in local currency. Tempting especially if you plan to honeymoon in her country. But do check out the delays for settlement visa applications at the place where she would apply.

jjustyy · Post by **jjustyy** » Sun Jun 05, 2005 10:01 am

Thanks John, I thought this would be the case, just looking at the options. She's Mauritian so the flight ticket is over £600, so a visit to the PEO seems the better option!

jjustyy · Post by **jjustyy** » Sun Jun 05, 2005 11:35 am

Sorry to keep asking questions, this is a final one...

Here's a scenario. She resigns and serves her notice so she finishes 31st July. Everything works out and we have a PEO appointment for 1st July. However, the company has sent the Notification of Premature End with this advance date.

So my question is this, if you got to the PEO office and on their system they see her work permit is now due to expire in a month, will they still issue the FLR (M)?

I know the best option is to keep working, but I know she would like to stop working as soon as, so am assessing our options.

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Switching from Work Permit to Spouse

Switching from Work Permit to Spouse