Tier 2 ICT Visa to Spouse Visa - URGENT!

[flin0109]

Hi all,

I am quite stressed about the situation and would love to get some help on what to do.

I am in the UK on the Tier 2 ICT visa issued in 2012 for 2 years now provided by my company, but i've unfortunately been made redundant recently and the employment will officially terminate end of August, after which i have 60 days grace period to stay in the UK.

I am engaged to my boyfriend who's a EU citizen and we are getting married in September. After which i'll be applying for the spouse visa.

I would like to know how to proceed from here considering i will be losing my Tier 2 visa and applying for the spouse visa straight after.
and if i can still apply for the spouse visa in the UK during my 60 day grace period.

Also the minimum income requirement, does that apply to my fiance, or me, or both combined?

Really appreciate ur help!

[Amber]

As your fiancé is an EU citizen you'll fall under EEA regulations following your marriage. There is no Financial Requirement, rather your spouse should be exercising treaty rights e.g., working.

[Obie]

As your fiancé is an EU citizen you'll fall under EEA regulations. There is no Financial Requirement, rather your spouse should be exercising treaty rights e.g., working.

Fiancee are not covered by the EEA Regulation unless there relationship is of the sort that can be described as Durable in nature.

After marriage, she may be covered.

[Amber]

My comment was made on the assumption of the proposed marriage, hence the use of the word spouse.

[Obie]

As your fiancé is an EU citizen you'll fall under EEA regulations.

I was only concerned with that first sentence.

I am content if your advice was confined to any change of circumstance that may occur in the future than present.

You may be right that their relationship is one that can fall within the regulation, but being a fiancé alone may be insufficient to establish this.

[flin0109]

Thank you both!

Do you have any suggestions on what I should do regarding timing?

Should I speak to a lawyer soon or start doing the paperwork for the spouse visa application so I can submit it before my 60 day grace period is up?

Also would it be an issue I lost my work visa since id have no employment or education at the time of applying for my spouse visa. I do savings above the financial requirement and my fiancé is currently working.

[Amber]

You're confusing the rules. Once you are married, you'll be considered a family member under EEA regulations, there is no financial requirement, as your spouse will be working, there shouldn't be an issue. See https://www.gov.uk/government/publicati ... -form-eea2

[manci]

the employment will officially terminate end of August, after which i have 60 days grace period to stay in the UK.
the 60 days will be from the date UKVI make their decision to curtail your visa, not from the date of termination